People v. Monroe

Appellate Division of the Supreme Court of New York

People v. Monroe

141 A.D.3d 421, 35 N.Y.S.3d 329

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

DecidedJuly 5, 2016

Docket1665 1113/12

StatusPublished

This text of 141 A.D.3d 421 (People v. Monroe) 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. Monroe, 141 A.D.3d 421, 35 N.Y.S.3d 329 (N.Y. Ct. App. 2016).

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Opinion

— Judgment, Supreme Court, Bronx County (Seth L. Marvin, J.), rendered August 20, 2013, as amended September 26, 2013, convicting defendant, after a jury trial, of rape in the first degree and criminal sexual act in the first degree, and sentencing him, as a persistent felony offender, to concurrent terms of 22 years to life, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s determinations regarding credibility, including its evaluation of alleged inconsistencies in testimony. The element of forcible compulsion was established by, among other things, the victim’s testimony that defendant held her down during the attack (see e.g. People v Simmons, 278 AD2d 29 [1st Dept 2000], lv denied 96 NY2d 787 [2001]).

We perceive no basis for reducing the sentence.

Concur— Sweeny, J.P., Acosta, Feinman, Kapnick and Kahn, JJ.

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— Judgment, Supreme Court, Bronx County (Seth L. Marvin, J.), rendered August 20, 2013, as amended September 26, 2013, convicting defendant, after a jury trial, of rape in the first degree and criminal sexual act in the first degree, and sentencing him, as a persistent felony offender, to concurrent terms of 22 years to life, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s determinations regarding credibility, including its evaluation of alleged inconsistencies in testimony. The element of forcible compulsion was established by, among other things, the victim’s testimony that defendant held her down during the attack (see e.g. People v Simmons, 278 AD2d 29 [1st Dept 2000], lv denied 96 NY2d 787 [2001]).

We perceive no basis for reducing the sentence.

Concur— Sweeny, J.P., Acosta, Feinman, Kapnick and Kahn, JJ.

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Bluebook (online)

141 A.D.3d 421, 35 N.Y.S.3d 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-monroe-nyappdiv-2016.

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