Legal Opinion

People v. Gathers

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

Decided January 3, 2008PublishedCited by 12 opinions

1Opinion of the CourtCarpinello, J.

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered February 15, 2006, upon a verdict convicting defendant of the crimes of criminal sexual act in the third degree (three counts) and rape in the third degree.

Following a jury trial, defendant was found guilty of rape in the third degree and three counts of criminal sexual act in the third degree based on evidence that he had sexual intercourse, oral sex and anal sex with his ex-girlfriend without her consent. On appeal, he argues that the victim’s lack of consent was not proven beyond a reasonable doubt. We…

2Cases cited9 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. RomeroNew York Court of Appeals · 2006
  3. People v. GrayNew York Court of Appeals · 1995
  4. People v. PlaistedAppellate Division of the Supreme Court of the State of New York · 2003
  5. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2007

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

3Cited by12 opinions

  1. People v. DoyleAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. BlumeAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. DavenportAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. FigueroaAppellate Division of the Supreme Court of the State of New York · 2008

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

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