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People v. Durham

Appellate Division of the Supreme Court of New York, First Department
Jun 20, 1995
216 A.D.2d 135 (N.Y. App. Div. 1995)

Opinion

June 20, 1995

Appeal from the Supreme Court, New York County (Frederic Berman, J.).


Viewing the evidence in a light most favorable to the prosecution and giving it the benefit of every reasonable inference ( People v. Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), the complainant's testimony was legally sufficient to support every element of the crimes charged, including the element of forcible compulsion by threats ( see, People v Thompson, 72 N.Y.2d 410). Moreover, upon an independent review of the facts, including the complainant's prompt outcry to friends and the police and her distress in the hours after the incident, and defendant's evasiveness when called by the police, his postarrest attempts to convince the complainant to drop the charges, and the interest of his character witness in the outcome of the case, we find that the verdict was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490). The issues raised by defendant concerning the complainant's credibility, including those that arose from testimony concerning her initial interest in defendant and her attempts at resistance during the rape supposedly showing that she was not intimidated, were properly placed before the factfinder, and we find no reason to disturb its determination. Nor did the court err in precluding defendant's mother from testifying concerning the content of a telephone conversation she had with the complainant three months after the crime, where the proposed testimony was not supported by an offer of proof adequate to permit a determination that it was relevant to the complainant's state of mind at the time of the incident ( see, People v. Montalvo, 178 A.D.2d 147, 147-148, lv denied 79 N.Y.2d 1005). We perceive no abuse of sentencing discretion.

Concur — Sullivan, J.P., Rosenberger, Ellerin, Rubin and Mazzarelli, JJ.


Summaries of

People v. Durham

Appellate Division of the Supreme Court of New York, First Department
Jun 20, 1995
216 A.D.2d 135 (N.Y. App. Div. 1995)
Case details for

People v. Durham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TREMAYNE DURHAM…

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

Date published: Jun 20, 1995

Citations

216 A.D.2d 135 (N.Y. App. Div. 1995)
629 N.Y.S.2d 389