People v. Plaisted

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered June 17, 2002, upon a verdict convicting defendant of the crimes of rape in the third degree and attempted rape in the first degree.

Defendant allegedly engaged in sexual intercourse with a 16-year-old friend of his daughter. According to the victim’s trial testimony, she was sleeping near defendant’s daughter on the living room floor in defendant’s home when she awoke to find that her sweat pants and underwear had been removed and realized that defendant was on top of her and was penetrating her. The…