People v. Mena

1 Citing case

  1. People v. Hackney

    293 A.D.2d 757 (N.Y. App. Div. 2002)

    The defendant did not object to the court's omitting from its charge to the jury the caveat under Penal Law 130.30 that an actor is not guilty of rape in the second degree if he or she is married to the underaged victim. A claim that the court neglected to charge a necessary element of a crime is not exempt from the requirement of preservation (see e.g. People v. Sappleton, 234 A.D.2d 81, 82; see also People v. Harris, 273 A.D.2d 807; People v. Mena, 237 A.D.2d 233). In any event, there were no facts tending to suggest that the defendant might have been married to the victim when he raped her. Rather, all of the evidence indicates that the parties were strangers to each other on the day of the incident.