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People v. Fields

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 2001
279 A.D.2d 405 (N.Y. App. Div. 2001)

Opinion

January 25, 2001.

Judgment, Supreme Court, New York County (Ira Beal, J.), rendered April 1, 1998, convicting defendant, after a jury trial, of attempted sodomy in the first degree and sexual abuse in the first degree, and sentencing him to concurrent terms of 3 to 6 years and 2½ to 5 years, respectively, unanimously affirmed.

Patrick J. Hynes, for respondent.

Edward S. Graves, for defendant-appellant.

Before: Nardelli, J.P., Williams, Andrias, Wallach, Lerner, JJ.


The court correctly applied the Rape Shield Law (CPL 60.42) to preclude evidence of the victim's sexual conduct with a man other than defendant earlier on the night of the crime, at a different location. Defendant's contention that the intoxicated victim could have confused defendant's conduct with what went on in the earlier incident was nothing more than speculation. Therefore, the "relevant and admissible in the interest of justice" exception to the Rape Shield Law (CPL 60.42) did not apply (see, People v. Baldwin, 211 A.D.2d 638, lv denied 85 N.Y.2d 935; People v. Charlton, 192 A.D.2d 757, lv denied 81 N.Y.2d 1071). In any event, the conviction was not predicated solely on the victim's testimony but also supported by an independent eyewitness to the incident.

Defendant's contention that a remark by the trial court while ruling on an objection during the People's summation conveyed to the jury a belief in defendant's guilt is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that, in context, the court's remark could not have been understood by the jury as expressing an opinion on the facts.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Fields

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 2001
279 A.D.2d 405 (N.Y. App. Div. 2001)
Case details for

People v. Fields

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOHN FIELDS…

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

Date published: Jan 25, 2001

Citations

279 A.D.2d 405 (N.Y. App. Div. 2001)
720 N.Y.S.2d 63

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