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People v. Ortiz

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 2004
4 A.D.3d 540 (N.Y. App. Div. 2004)

Opinion

2002-03004.

Decided February 23, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (McKay, J.), rendered March 22, 2002, convicting him of sexual abuse in the first degree, after a nonjury trial, and imposing sentence.

Ira D. London and Marvin E. Schechter, New York, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Michael A. Wiesenfeld of counsel), for respondent.

Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, SANDRA L. TOWNES and BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, 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 of sexual abuse in the first degree beyond a reasonable doubt. The evidence established that the defendant, acting in concert with his codefendant, subjected the complainant to unwanted sexual contact while the codefendant forcibly restrained her ( see Matter of Khaliek W., 193 A.D.2d 683).

The defendant's remaining contentions are without merit.

RITTER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.


Summaries of

People v. Ortiz

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 2004
4 A.D.3d 540 (N.Y. App. Div. 2004)
Case details for

People v. Ortiz

Case Details

Full title:THE PEOPLE, ETC., respondent, v. RALPH ORTIZ, appellant

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

Date published: Feb 23, 2004

Citations

4 A.D.3d 540 (N.Y. App. Div. 2004)
771 N.Y.S.2d 708