People v. Banks

Appellate Division of the Supreme Court of New York

People v. Banks

190 A.D.2d 623, 594 N.Y.S.2d 13, 1993 N.Y. App. Div. LEXIS 1707

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 25, 1993

StatusPublished

Cited by2 cases

This text of 190 A.D.2d 623 (People v. Banks) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Banks, 190 A.D.2d 623, 594 N.Y.S.2d 13, 1993 N.Y. App. Div. LEXIS 1707 (N.Y. Ct. App. 1993).

Pincite

Opinion

— Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered September 27, 1991, convicting defendant, after a jury trial, of rape in the first degree, and sentencing him to a term of 2Vi to 7 years, unanimously affirmed.

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 AD2d 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.

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— Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered September 27, 1991, convicting defendant, after a jury trial, of rape in the first degree, and sentencing him to a term of 2Vi to 7 years, unanimously affirmed.

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 AD2d 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.

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Bluebook (online)

190 A.D.2d 623, 594 N.Y.S.2d 13, 1993 N.Y. App. Div. LEXIS 1707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-banks-nyappdiv-1993.

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