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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Mar 12, 2001
281 A.D.2d 498 (N.Y. App. Div. 2001)

Opinion

Argued February 16, 2001.

March 12, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Greenberg, J.), rendered October 5, 1998, convicting him of sodomy in the first degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Tarik Fouad Ajami of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jane S. Meyers of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the unsworn testimony of the victim was sufficiently corroborated by testimony of the victim's mother regarding the victim's statements after he was sexually abused by the defendant, the medical testimony concerning the physical evidence of the abuse, and the defendant's own statements to the police (see, People v. Thomas, 267 A.D.2d 949; People v. White, 237 A.D.2d 931)

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Mar 12, 2001
281 A.D.2d 498 (N.Y. App. Div. 2001)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. ROBINSON RODRIGUEZ, APPELLANT

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 12, 2001

Citations

281 A.D.2d 498 (N.Y. App. Div. 2001)
721 N.Y.S.2d 562

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