People v. Van Gorder

Appellate Division of the Supreme Court of New York

People v. Van Gorder

281 A.D.2d 944, 722 N.Y.S.2d 844, 2001 N.Y. App. Div. LEXIS 2883

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

DecidedMarch 21, 2001

StatusPublished

Cited by2 cases

This text of 281 A.D.2d 944 (People v. Van Gorder) 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. Van Gorder, 281 A.D.2d 944, 722 N.Y.S.2d 844, 2001 N.Y. App. Div. LEXIS 2883 (N.Y. Ct. App. 2001).

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Opinion

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him upon a jury verdict of attempted rape in the first degree (Penal Law §§ 110.00, 130.35) and endangering the welfare of a child (Penal Law § 260.10 [1]), defendant contends that the verdict is against the weight of the evidence. We disagree. At trial, the People presented the testimony of the victim and a witness concerning the attempted rape of the victim, and an expert explained the victim’s three-year delay in reporting the crime. It cannot be said that the jury failed to give the evidence the weight it should be accorded (see, People v Bleakley, 69 NY2d 490, 495). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Monroe County Court, Marks, J. — Attempted Rape, 1st Degree.) Present— Pigott, Jr., P. J., Green, Kehoe, Burns and Lawton, JJ.

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Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him upon a jury verdict of attempted rape in the first degree (Penal Law §§ 110.00, 130.35) and endangering the welfare of a child (Penal Law § 260.10 [1]), defendant contends that the verdict is against the weight of the evidence. We disagree. At trial, the People presented the testimony of the victim and a witness concerning the attempted rape of the victim, and an expert explained the victim’s three-year delay in reporting the crime. It cannot be said that the jury failed to give the evidence the weight it should be accorded (see, People v Bleakley, 69 NY2d 490, 495). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Monroe County Court, Marks, J. — Attempted Rape, 1st Degree.) Present— Pigott, Jr., P. J., Green, Kehoe, Burns and Lawton, JJ.

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Bluebook (online)

281 A.D.2d 944, 722 N.Y.S.2d 844, 2001 N.Y. App. Div. LEXIS 2883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-van-gorder-nyappdiv-2001.

Opinion

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