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People v. Escalante

Appellate Division of the Supreme Court of New York, Second Department
Sep 8, 2003
308 A.D.2d 459 (N.Y. App. Div. 2003)

Opinion

2001-04356

Submitted June 6, 2003.

September 8, 2003.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Corso, J.), rendered April 19, 2001, convicting him of sodomy in the first degree (three counts), rape in the first degree, sexual abuse in the first degree (three counts), sodomy in the third degree (three counts), rape in the third degree, sexual abuse in the third degree (seven counts), and endangering the welfare of a child (two counts), after a nonjury trial, and imposing sentence.

Robert J. Ellis, Jr., New York, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Kerry Bassett and Michael Blakey of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., ROBERT W. SCHMIDT, BARRY A. COZIER, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence 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. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contention is without merit.

SANTUCCI, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.


Summaries of

People v. Escalante

Appellate Division of the Supreme Court of New York, Second Department
Sep 8, 2003
308 A.D.2d 459 (N.Y. App. Div. 2003)
Case details for

People v. Escalante

Case Details

Full title:THE PEOPLE, ETC., respondent, v. LUIS ESCALANTE, appellant

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

Date published: Sep 8, 2003

Citations

308 A.D.2d 459 (N.Y. App. Div. 2003)
764 N.Y.S.2d 197

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