| (Cite as: 202 A.D.2d 692, 609 N.Y.S.2d 292) |
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The PEOPLE, etc., Respondent,
v.
Steven MORALES, Appellant.
Supreme Court, Appellate Division,
Second Department.
March 28, 1994.
Defendant was convicted in the Supreme Court, Queens County, Demakos, J., of first-degree sexual abuse and second-degree unlawful imprisonment, and he appealed. The Supreme Court, Appellate Division, held that finding of guilt of first-degree sexual abuse and second-degree unlawful imprisonment was against weight of evidence.
Reversed and remitted.
| (Cite as: 202 A.D.2d 692, 609 N.Y.S.2d 292) |
People v. Morales
KeyCite this headnote
 37 ASSAULT AND BATTERY
37II Criminal Responsibility
37II(B) Prosecution
37k81 Evidence
37k92 Aggravated Assault, or Special Form of Assault
37k92(5) k. Women and children; indecent assault.
N.Y.A.D. 2 Dept.,1994.
Verdict of guilt of first-degree sexual abuse and second-degree unlawful imprisonment was against weight of evidence where evidence showed sexual encounter occurred over period of 20 to 30 minutes after victim had driven herself and defendant to defendant's home and where jury acquitted defendant of first-degree rape, first-degree sodomy and one count of first-degree sexual abuse.
| (Cite as: 202 A.D.2d 692, 609 N.Y.S.2d 292) |
People v. Morales
KeyCite this headnote
168 FALSE IMPRISONMENT
168II Criminal Responsibility
168k44 k. Prosecution and punishment.
N.Y.A.D. 2 Dept.,1994.
Verdict of guilt of first-degree sexual abuse and second-degree unlawful imprisonment was against weight of evidence where evidence showed sexual encounter occurred over period of 20 to 30 minutes after victim had driven herself and defendant to defendant's home and where jury acquitted defendant of first-degree rape, first-degree sodomy and one count of first-degree sexual abuse.
| (Cite as: 202 A.D.2d 692, 609 N.Y.S.2d 292) |
**292
| (Cite as: 202 A.D.2d 692, 609 N.Y.S.2d 292, **292) |
Addabbo & Greenberg, Forest Hills (Todd D. Greenberg and Patricia Rouse, of counsel), for appellant.
Richard A. Brown, Dist. Atty., Kew Gardens (Steven J. Chananie, Elizabeth M. Fox, and Claire Martin, of counsel), for respondent.
Before SULLIVAN, J.P., and MILLER, JOY and FRIEDMANN, JJ.
MEMORANDUM BY THE COURT.
*692
| (Cite as: 202 A.D.2d 692, *692, 609 N.Y.S.2d 292, **292) |
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Demakos, J.), rendered October 22, 1991, convicting him of sexual abuse in the first degree and unlawful imprisonment in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
This case arose out of a single, continuous sexual encounter between the complainant and the defendant. The encounter, which lasted 20 to 30 minutes, occurred after the complainant had driven herself and the defendant to the defendant's home. The jury acquitted the defendant of three counts of rape in the first degree, one count of sodomy in the first degree, and one count of
| (Cite as: 202 A.D.2d 692, *692, 609 N.Y.S.2d 292, **292) |
sexual abuse in the first degree. Under the *693
| (Cite as: 202 A.D.2d 692, *693, 609 N.Y.S.2d 292, **292) |
circumstances of this case, we find that the verdict of guilt of sexual abuse in the first degree and unlawful imprisonment in the second degree was against the weight of the evidence (see, CPL 470.15[5]; CPL 40.10[2]; see, e.g., People v. Harry, 181 A.D.2d 694, 581 N.Y.S.2d 64; People v. Green, 113 A.D.2d 713, 493 N.Y.S.2d 469; People v. Wilson, 57 A.D.2d 908, 394 N.Y.S.2d 461).
In light of our determination we need not reach the defendant's remaining contentions.
END OF DOCUMENT
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