People v. Pomales
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P.J.
Initially, defendant contends that the verdict is against the weight of the evidence. With reference to the conviction of rape in the second degree (see Penal Law § 130.30 [1]), the victim testified that in October 2005 when she was 14 years old, defendant ordered her to lay on the couch and he proceeded to remove her pants and underwear. Defendant then penetrated her vagina with his penis. Although defendant challenges the veracity of this testimony given the victim’s later recantation, the People presented expert testimony that it is not uncommon for sexually abused children to delay in…
2Cases cited12 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. SandovalNew York Court of Appeals · 1974
- People v. CarrollNew York Court of Appeals · 2000
- People v. WeberAppellate Division of the Supreme Court of the State of New York · 2006
- People v. HigginsAppellate Division of the Supreme Court of the State of New York · 2004
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- People v. NewkirkAppellate Division of the Supreme Court of the State of New York · 2010
- People v. FosterAppellate Division of the Supreme Court of the State of New York · 2008
- People v. SimonettaAppellate Division of the Supreme Court of the State of New York · 2012
- People v. WallaceAppellate Division of the Supreme Court of the State of New York · 2009
- People v. BorthwickAppellate Division of the Supreme Court of the State of New York · 2008
13 more not listed; retrieve them via the Exa API.