People v. McCray
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered September 1, 2010, upon a verdict convicting defendant of the crime of rape in the first degree.
This case, which began with a consensual relationship and ended in defendant’s indictment on a single count of rape in the first degree (see Penal Law § 130.35 [1]), presents a classic he-said she-said credibility determination. After a jury trial, defendant was convicted and sentenced as a second felony offender to a prison term of 22 years and five years of postrelease supervision. Defendant appeals and we now…
2Cases cited51 opinions
- People v. RomeroNew York Court of Appeals · 2006
- People v. BeneventoNew York Court of Appeals · 1998
- People v. RiveraNew York Court of Appeals · 1988
- People v. CabanNew York Court of Appeals · 2005
- People v. GissendannerNew York Court of Appeals · 1979
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3Cited by14 opinions
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. McCrayNew York Court of Appeals · 2014
- People v. LapiAppellate Division of the Supreme Court of the State of New York · 2013
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 2013
- McCray v. CapraCourt of Appeals for the Second Circuit · 2022
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