People v. Banks

Crew III, J.P.

Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered October 20, 2004, upon a verdict convicting defendant of the crimes of rape in the second degree, sexual abuse in the second degree, forcible touching and endangering the welfare of a child.

On March 22, 2004 defendant, then 23 years old, went to the home of the victim, then 13 years old, and smoked marihuana with her while they both lay on a bed unclothed. According to the victim, defendant engaged in forcible intercourse with her. As a consequence, defendant was indicted and charged with rape…