People v. Paul

Appellate Division of the Supreme Court of New York

People v. Paul

184 A.D.2d 990, 586 N.Y.S.2d 778, 1992 N.Y. App. Div. LEXIS 8205

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

DecidedJune 5, 1992

StatusPublished

This text of 184 A.D.2d 990 (People v. Paul) 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. Paul, 184 A.D.2d 990, 586 N.Y.S.2d 778, 1992 N.Y. App. Div. LEXIS 8205 (N.Y. Ct. App. 1992).

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Opinion

Upon remittitur from the Court of Appeals, judgment unanimously affirmed. Memorandum: Upon remittitur of this case from the Court of Appeals, we consider those contentions previously raised by defendant but not decided by us (see, People v Paul, 174 AD2d 996, revd 79 NY2d 970). We conclude that the verdict finding defendant guilty of third degree sexual abuse is supported by sufficient evidence and is not against the weight of the evidence (People v Bleakley, 69 NY2d 490, 495). Further, the court did not err in denying a hearing on defendant’s claim of prosecutorial misconduct. There was no showing that the victim had been told not to speak with defendant’s investigator, and we cannot conclude that the prosecutor interfered with defendant’s pretrial investigation. (Appeal from Judgment of Ontario County Court, Reed, J. — Sexual Abuse, 3rd Degree.) Present — Den-man, P. J., Callahan, Balio and Lawton, JJ.

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Upon remittitur from the Court of Appeals, judgment unanimously affirmed. Memorandum: Upon remittitur of this case from the Court of Appeals, we consider those contentions previously raised by defendant but not decided by us (see, People v Paul, 174 AD2d 996, revd 79 NY2d 970). We conclude that the verdict finding defendant guilty of third degree sexual abuse is supported by sufficient evidence and is not against the weight of the evidence (People v Bleakley, 69 NY2d 490, 495). Further, the court did not err in denying a hearing on defendant’s claim of prosecutorial misconduct. There was no showing that the victim had been told not to speak with defendant’s investigator, and we cannot conclude that the prosecutor interfered with defendant’s pretrial investigation. (Appeal from Judgment of Ontario County Court, Reed, J. — Sexual Abuse, 3rd Degree.) Present — Den-man, P. J., Callahan, Balio and Lawton, JJ.

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Bluebook (online)

184 A.D.2d 990, 586 N.Y.S.2d 778, 1992 N.Y. App. Div. LEXIS 8205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-paul-nyappdiv-1992.

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