Legal Opinion

People v. Torres

Appellate Division of the Supreme Court of the State of New York

Decided November 9, 2010PublishedCited by 5 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered June 25, 2008, convicting him of rape in the third degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

*867The complainant’s testimony that the defendant committed uncharged acts of sexual abuse and rape against her, from the time she was seven or eight years old, was properly admitted into evidence at trial as relevant to prove the absence of consent, a necessary element of the crime of rape in the third degree (see People v Cook, 93 NY2d 840, 841…

2Cases cited19 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. AlvinoNew York Court of Appeals · 1987
  3. People v. KeindlNew York Court of Appeals · 1986
  4. People v. CarrollNew York Court of Appeals · 2000
  5. People v. TaylorNew York Court of Appeals · 1990

14 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. DelanceyAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. HatcherAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. JergeAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. WeathersAppellate Division of the Supreme Court of the State of New York · 2022
  5. JERGE, TIMOTHY L., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011

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