Legal Opinion
People v. Rasmussen
Appellate Division of the Supreme Court of the State of New York
Decided September 29, 2000PublishedCited by 5 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of rape in the first degree (Penal Law § 130.35 [2]) and sexual abuse in the first degree (Penal Law § 130.65 [2]). Contrary to defendant’s contention, County Court did not improvidently exercise its discretion under CPL 60.42 (5) in precluding evidence of the results of DNA testing that excluded defendant as the source of semen found in the victim’s vagina and on the victim’s underwear. Although a prosecution witness volunteered that the victim stated that her underwear was wet…
2Cases cited11 opinions
- People v. AlmodovarNew York Court of Appeals · 1984
- People v. WeinbergNew York Court of Appeals · 1994
- People v. De OliveiraAppellate Division of the Supreme Court of the State of New York · 1996
- People v. MollingAppellate Division of the Supreme Court of the State of New York · 1997
- People v. BrinsonAppellate Division of the Supreme Court of the State of New York · 1999
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. MathisAppellate Division of the Supreme Court of the State of New York · 2004
- People v. WienersAppellate Division of the Supreme Court of the State of New York · 2006
- Rasmussen v. FilionCourt of Appeals for the Second Circuit · 2006
- People v. CaroselliAppellate Division of the Supreme Court of the State of New York · 2008
- People v. HackettAppellate Division of the Supreme Court of the State of New York · 2018