Legal Opinion

People v. Blackwood

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

Decided May 23, 2013Published

1Opinion of the Court

OPINION OF THE COURT

Saxe, J.

Defendant’s conviction of rape in the second degree and facilitating a sex offense with a controlled substance was not only supported by legally sufficient evidence, but the weight of the evidence was overwhelming, and the trial court’s Molineux ruling does not justify reversal.

The charge of rape in the second degree (Penal Law § 130.30 [2]) is based on defendant’s having had sexual intercourse with the complainant while she was mentally incapacitated due to narcotic or intoxicating substances administered to her without her consent, and the charge of facilitating…

2Cases cited11 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. Griffin v. United StatesSupreme Court of the United States · 1991
  4. People v. CahillNew York Court of Appeals · 2003
  5. People v. BecoatsNew York Court of Appeals · 2011

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