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Legal Opinion

Kelly v. Bruhn

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

Decided January 22, 2004PublishedCited by 4 opinions

1Opinion of the CourtRose, J.

Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to prohibit respondents from trying petitioner in the County Court of Ulster County on an indictment charging him with sodomy in the third degree.

Following trial on six charges of sodomy and sexual abuse arising out of a 1998 incident involving a 15-year-old girl, the then 31-year-old petitioner was convicted of sodomy in the third degree only. Unlike each of the other charges, the charge of sodomy in the third degree did not require proof of forcible compulsion or lack of consent (compare Penal Law…

2Cases cited9 opinions

  1. People v. GoodmanNew York Court of Appeals · 1986
  2. People v. AcevedoNew York Court of Appeals · 1987
  3. People v. WoodNew York Court of Appeals · 2000
  4. People v. KellyAppellate Division of the Supreme Court of the State of New York · 2001
  5. People v. HiltonNew York Court of Appeals · 2000

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Hoffler v. JaconAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. MonroigAppellate Division of the Supreme Court of the State of New York · 2005
  3. People v. YaghoubiNew York District Court · 2005
  4. Stewart v. HartnettAppellate Division of the Supreme Court of the State of New York · 2006

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