People v. Sweeney
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant contends that there was legally insufficient evidence to support his convictions of rape in the first degree and criminal sexual act in the first degree, as the People failed to establish that the complainant was “physically helpless,” an ele*811ment of those crimes as charged here (see Penal Law § 130.35 [2]; § 130.50 [2]). Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish that the complainant was “physically helpless” at the time of this incident, based on, inter…
2Cases cited22 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. ContesNew York Court of Appeals · 1983
- People v. DanielsonNew York Court of Appeals · 2007
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. CrimminsNew York Court of Appeals · 1975
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3Cited by9 opinions
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2012
- People v. GopaulAppellate Division of the Supreme Court of the State of New York · 2013
- People v. CabanAppellate Division of the Supreme Court of the State of New York · 2015
- People v. LeonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. CrossAppellate Division of the Supreme Court of the State of New York · 2014
4 more not listed; retrieve them via the Exa API.