People v. Cecunjanin

67 A.D.3d 1072, 889 N.Y.S.2d 691
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 5, 2009
StatusPublished
Cited by16 cases

This text of 67 A.D.3d 1072 (People v. Cecunjanin) 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. Cecunjanin, 67 A.D.3d 1072, 889 N.Y.S.2d 691 (N.Y. Ct. App. 2009).

Opinion

Peters, J.

Appeal from a judgment of the County Court of Franklin County (Richards, J.), rendered August 4, 2008, upon a verdict convicting defendant of the crimes of attempted sexual abuse in the first degree and unlawful imprisonment in the second degree.

The victim, accompanied by Lisa Yando and Angela King, visited a night club owned by defendant in the Village of Malone, Franklin County. They arrived around midnight but Yando soon left them. The victim, King and one of King’s friends, Melissa Martin, remained at the club into the early morning hours of the following day. After socializing with others and dancing, the victim, who had previously come to know defendant in the course of her employment, sat for some time in a corner of the bar with him and three of his family members. During that time, the victim became increasingly intoxicated, eventually reaching a point where she was observed to be having difficulty keeping herself upright. Defendant then allegedly began trying to kiss the victim and place his hands up her shirt. Shortly thereafter, defendant allegedly escorted the victim into an adjacent storage room and shut the door. Concerned over this, King called Yando who, in turn, summoned the victim’s parents. According to the victim, while in the storage room, defendant continued in his attempts to place his hand under her shirt and kiss her, and also tried to persuade her to go with him to an upper floor of the building. Although the victim tried to leave the storage room on more than one occasion, defendant prevented her from doing so. When the victim’s parents arrived, her father [1074]*1074retrieved the victim from the storage room and walked her outside, where the police were waiting.

Defendant was thereafter indicted for attempted sexual abuse in the first degree, unlawful imprisonment in the second degree and forcible touching. Following a jury trial, defendant was convicted of attempted sexual abuse in the first degree and unlawful imprisonment in the second degree.

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92 A.D.3d 1139 (Appellate Division of the Supreme Court of New York, 2012)
People v. Cecunjanin
947 N.E.2d 149 (New York Court of Appeals, 2011)
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81 A.D.3d 1181 (Appellate Division of the Supreme Court of New York, 2011)
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Cite This Page — Counsel Stack

Bluebook (online)
67 A.D.3d 1072, 889 N.Y.S.2d 691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cecunjanin-nyappdiv-2009.