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People v. Vasquez

Appellate Division of the Supreme Court of New York, Second Department
May 3, 1993
193 A.D.2d 638 (N.Y. App. Div. 1993)

Opinion

May 3, 1993

Appeal from the Supreme Court, Kings County (Goldberg, J.).


Ordered that the judgments are affirmed.

The defendant's argument that the evidence was legally insufficient to support his conviction under Indictment No. 166/91 is not preserved for appellate review (see, People v Udzinski, 146 A.D.2d 245, 250). In any event, viewing the evidence adduced at trial 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. The testimony of the complainants, both of whom were under the age of 14, established that the defendant committed acts of forcible sodomy upon them. There is no statutory requirement of corroboration to establish the crime of rape, sodomy, or sexual abuse when such crimes are predicated upon allegations of forcible compulsion (see, People v King, 162 A.D.2d 473; Penal Law § 130.16). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

In light of the above determination, there is no basis for vacatur of the plea under Indictment No. 1189/91 (see, People v Clark, 45 N.Y.2d 432). Mangano, P.J., Thompson, Balletta and Joy, JJ., concur.


Summaries of

People v. Vasquez

Appellate Division of the Supreme Court of New York, Second Department
May 3, 1993
193 A.D.2d 638 (N.Y. App. Div. 1993)
Case details for

People v. Vasquez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS VASQUEZ, Appellant

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

Date published: May 3, 1993

Citations

193 A.D.2d 638 (N.Y. App. Div. 1993)
597 N.Y.S.2d 452

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