Legal Opinion

People v. Beaty

New York Court of Appeals

Decided October 17, 2013PublishedCited by 43 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Following a jury trial, defendant was convicted of, among other crimes, rape in the first degree (Penal Law § 130.35 [1]) and burglary in the first degree (Penal Law § 140.30 [2]), arising from an incident that occurred on March 10, 2007. On that date, the victim returned home from a night out, charged her cell phone, and fell asleep on her couch. Three hours later, she was awoken by someone saying “shhhh” in her ear. The victim sat up and observed a man—later identified as defendant—lying on the couch…

2Cases cited4 opinions

  1. People v. PerryNew York Court of Appeals · 1984
  2. People v. GainesNew York Court of Appeals · 1994
  3. People v. SiricoNew York Court of Appeals · 2011
  4. People v. BeatyAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by43 opinions

  1. Waiters v. LeeCourt of Appeals for the Second Circuit · 2017
  2. People v. JamesAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. StevensonAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. PetersonAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. CherryAppellate Division of the Supreme Court of the State of New York · 2015

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