Opinion
January 14, 1991
Appeal from the County Court, Westchester County (Scarpino, J.).
Ordered that the appeal is dismissed (see, People v Seaberg, 74 N.Y.2d 1). Thompson, J.P., Brown, Balletta, Miller and O'Brien, JJ., concur.
January 14, 1991
Appeal from the County Court, Westchester County (Scarpino, J.).
Ordered that the appeal is dismissed (see, People v Seaberg, 74 N.Y.2d 1). Thompson, J.P., Brown, Balletta, Miller and O'Brien, JJ., concur.
Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL WILSON…
Court:Appellate Division of the Supreme Court of New York, Second Department
Date published: Jan 14, 1991
¶ 31 Whether a victim is "physically helpless" at any given moment is largely a question of fact for the jury…