People v. Landrum

Appellate Division of the Supreme Court of New York

People v. Landrum

30 A.D.3d 1109, 815 N.Y.S.2d 838

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

DecidedJune 9, 2006

StatusPublished

This text of 30 A.D.3d 1109 (People v. Landrum) 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. Landrum, 30 A.D.3d 1109, 815 N.Y.S.2d 838 (N.Y. Ct. App. 2006).

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Opinion

Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered November 10, 2004. The judgment convicted defendant, upon a jury verdict, of rape in the first degree, sexual abuse in the first degree (two counts) and endangering the welfare of a child (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of rape in the first degree (Penal Law § 130.35 [3]) and two counts each of sexual abuse in the first degree (§ 130.65 [3]) and endangering the welfare of a child (§ 260.10 [1]). Contrary to defendant’s contention, the verdict is not against the weight of the evidence (see People v Ridgeway, 295 AD2d 879, 880 [2002], lv denied 98 NY2d 713; People v Miller, 294 AD2d 951 [2002]; People v Robinson, 286 AD2d 989 [2001], lv denied 97 NY2d 658 [2001]; see generally People v Bleakley, 69 NY2d 490, 495 [1987]). The sentence is not unduly harsh or severe. Present—Kehoe, J.P, Gorski, Martoche, Pine and Hayes, JJ.

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Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered November 10, 2004. The judgment convicted defendant, upon a jury verdict, of rape in the first degree, sexual abuse in the first degree (two counts) and endangering the welfare of a child (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of rape in the first degree (Penal Law § 130.35 [3]) and two counts each of sexual abuse in the first degree (§ 130.65 [3]) and endangering the welfare of a child (§ 260.10 [1]). Contrary to defendant’s contention, the verdict is not against the weight of the evidence (see People v Ridgeway, 295 AD2d 879, 880 [2002], lv denied 98 NY2d 713; People v Miller, 294 AD2d 951 [2002]; People v Robinson, 286 AD2d 989 [2001], lv denied 97 NY2d 658 [2001]; see generally People v Bleakley, 69 NY2d 490, 495 [1987]). The sentence is not unduly harsh or severe. Present—Kehoe, J.P, Gorski, Martoche, Pine and Hayes, JJ.

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Bluebook (online)

30 A.D.3d 1109, 815 N.Y.S.2d 838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-landrum-nyappdiv-2006.

Opinion

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