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People v. Kenneth Banks

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1993
190 A.D.2d 623 (N.Y. App. Div. 1993)

Opinion

February 25, 1993

Appeal from the Supreme Court, Bronx County (Robert Cohen, J.).


The complainant's testimony provided legally sufficient evidence of defendant's guilt. The inconsistencies in the complainant's testimony concerning the extent to which defendant removed her clothing during the attack presented a question of credibility for the jury to resolve (People v Williams, 177 A.D.2d 294). And defendant's argument that the claim of rape has no support in the medical evidence is simply without basis in the record, the gynecologist in fact having testified that the findings of his examination were consistent with penetration. Moreover, there is no requirement that the People provide conclusive medical proof linking defendant to the crime charged (supra).

We have considered defendant's remaining contentions and find them to be without merit.

Concur — Murphy, P.J., Carro, Rosenberger and Asch, JJ.


Summaries of

People v. Kenneth Banks

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1993
190 A.D.2d 623 (N.Y. App. Div. 1993)
Case details for

People v. Kenneth Banks

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH BANKS…

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

Date published: Feb 25, 1993

Citations

190 A.D.2d 623 (N.Y. App. Div. 1993)
594 N.Y.S.2d 13

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