Legal Opinion
People v. Toledo
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1991PublishedCited by 28 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: The trial court properly rejected defendant’s request to charge sexual misconduct as a lesser included offense of rape in the first degree and sodomy in the first degree (see, People v Blackwell, 177 AD2d 952 [decided herewith]).
We have examined defendant’s other contention and find it to be without merit. (Appeal from Judgment of Niagara County Court, DiFlorio, J.—Rape, 1st Degree.) Present—Callahan, A. P. J., Denman, Pine, Balio and Lawton, JJ.
2Cases cited1 opinion
- People v. BlackwellAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by28 opinions
- People v. DouglasAppellate Division of the Supreme Court of the State of New York · 1994
- People v. MaxamAppellate Division of the Supreme Court of the State of New York · 2003
- People v. DavidAppellate Division of the Supreme Court of the State of New York · 1998
- People v. HeineAppellate Division of the Supreme Court of the State of New York · 1997
- People v. WatsonCriminal Court of the City of New York · 1999
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