People v. Berardicurti
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant appeals from his conviction for rape and sexual abuse in the first degree upon the grounds that (1) the trial court abused its discretion in permitting the victim to give sworn testimony; and (2) the court erred in instructing the jury that, in considering whether penetration occurred (see, Penal Law § 130.00 [1]), the term "vaginal opening” included "external genitalia”.
Although the victim was almost 13 years old at the time of trial, the court was apprised 18 months prior to the trial that her mental age was 8Vz years old. The court,…
2Cases cited6 opinions
- People v. CantyNew York Court of Appeals · 1983
- People v. NisoffNew York Court of Appeals · 1975
- People v. GroffNew York Court of Appeals · 1987
- People v. FullerNew York Court of Appeals · 1980
- The People v. . CrowleyNew York Court of Appeals · 1886
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3Cited by7 opinions
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1999
- People v. WardlawAppellate Division of the Supreme Court of the State of New York · 2005
- People v. BarnesAppellate Division of the Supreme Court of the State of New York · 2015
- People v. HegemanAppellate Division of the Supreme Court of the State of New York · 1992
- Carroll v. TrumpCourt of Appeals for the Second Circuit · 2025
2 more not listed; retrieve them via the Exa API.