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People v. Davies

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 1988
145 A.D.2d 499 (N.Y. App. Div. 1988)

Opinion

December 12, 1988

Appeal from the Supreme Court, Queens County (Groh, J.).


Ordered that the judgment is affirmed.

Whether the victim consented to the repeated acts of sexual intercourse and deviate sexual intercourse to which she was subjected, or whether, as the indictment charges, these acts were accomplished by the use of forcible compulsion, were matters for the jury to determine based upon its assessment of the witnesses' credibility. We find that the jury's verdict is well founded, both as a matter of fact and as a matter of law. We strongly disapprove of certain inflammatory remarks made by the prosecutor during his summation. However, we are confident that the jury heeded the trial court's admonitions that its verdict should be based on a dispassionate evaluation of the evidence, and we conclude that the prosecutorial misconduct evident in this case did not influence the verdict (see generally, People v Wood, 66 N.Y.2d 374, 378-381; People v Roopchand, 107 A.D.2d 35, affd 65 N.Y.2d 837).

We have examined the defendant's remaining contentions and find them to be without merit. Weinstein, J.P., Bracken, Kunzeman and Rubin, JJ., concur.


Summaries of

People v. Davies

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 1988
145 A.D.2d 499 (N.Y. App. Div. 1988)
Case details for

People v. Davies

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THERESA DAVIES…

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

Date published: Dec 12, 1988

Citations

145 A.D.2d 499 (N.Y. App. Div. 1988)

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