Legal Opinion

People v. Cecunjanin

New York Court of Appeals

Decided April 5, 2011PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

At defendant’s trial, the People contended, and the jury found, that he had attempted to subject a physically helpless woman to *490sexual contact. The evidence fails to support the jury’s finding on this issue, and we therefore vacate defendant’s conviction for attempted sexual abuse.

I

The alleged victim, whom we will call Catherine, went with friends to dance at a bar defendant owned. She had been drinking before she arrived at the bar, continued after she got there, and became extremely drunk. A blood test taken shortly after the events at issue here showed a blood…

2Cases cited2 opinions

  1. People v. TeicherNew York Court of Appeals · 1981
  2. People v. CecunjaninAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by18 opinions

  1. People v. BrockAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. GrimmAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. YontzAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. RayAppellate Division of the Supreme Court of the State of New York · 2011

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