Legal Opinion
People v. Smithers
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 1998No. Appeal No. 1PublishedCited by 5 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant failed to preserve for our review his present contention that the two acts of sodomy that allegedly occurred on January *91729, 1995, were part of a continuous course of conduct and should have been charged as a single offense. In any event, that contention lacks merit. According to the victim, there were two separate and distinct acts of deviate sexual intercourse (see, Penal Law § 130.00 [2]). Thus, the evidence does not support defendant’s contention that the first act of sodomy was “part and parcel of the continuous conduct culminating” in…
2Cases cited4 opinions
- People v. BeecherAppellate Division of the Supreme Court of the State of New York · 1996
- People v. CurtisAppellate Division of the Supreme Court of the State of New York · 1993
- People v. GrantAppellate Division of the Supreme Court of the State of New York · 1985
- People v. GuthrieAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by5 opinions
- People v. WatkinsAppellate Division of the Supreme Court of the State of New York · 2002
- LATTERELL v. ConwayDistrict Court, W.D. New York · 2006
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2001
- In re Mark A. B.Appellate Division of the Supreme Court of the State of New York · 2000
- People v. WoodenAppellate Division of the Supreme Court of the State of New York · 2001