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People v. Townes

Appellate Division of the Supreme Court of New York, First Department
Sep 20, 1990
165 A.D.2d 761 (N.Y. App. Div. 1990)

Opinion

September 20, 1990

Appeal from the Supreme Court, New York County (Richard B. Lowe, III, J.).


Defendant was found guilty of brutally raping, at knifepoint, the 21-year-old victim, whom he had known since childhood, following a date. There is no basis upon which to disturb the jury's findings regarding the credibility of the victim's testimony. While the medical testimony did not conclusively confirm the occurrence of sexual intercourse, it was not inconsistent with penetration. The physician's expert opinion was admittedly inconclusive due to the time that had elapsed prior to examination. The ultimate determination was clearly a matter which fell within the jury's province.

With respect to the jury's request to examine notes sent from the victim to the defendant which were not admitted into evidence, the communication between the court and the jury outside defendant's presence did not affect a substantial right of the defendant or material part of the trial and does not require reversal, particularly inasmuch as defendant was aware of the note before the verdict was taken and failed to register an objection until after the jury was discharged (see, People v Van, 161 A.D.2d 326). Defendant's sentence is not unduly harsh, given the nature of the crime, the vicious manner in which it was carried out, defendant's use of a weapon, his threats against the victim's sister, and his lack of remorse.

Concur — Kupferman, J.P., Ellerin, Wallach, Smith and Rubin, JJ.


Summaries of

People v. Townes

Appellate Division of the Supreme Court of New York, First Department
Sep 20, 1990
165 A.D.2d 761 (N.Y. App. Div. 1990)
Case details for

People v. Townes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUSSELL TOWNES…

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

Date published: Sep 20, 1990

Citations

165 A.D.2d 761 (N.Y. App. Div. 1990)
564 N.Y.S.2d 37

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