Legal Opinion

People v. Clarke

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

Decided December 12, 2012PublishedCited by 7 opinions

1Opinion of the Court

The defendant’s contention that the evidence was legally insufficient to support his convictions is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of rape in the first degree, criminal sexual act in the first degree, and unlawful imprisonment in the second degree beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15…

2Cases cited15 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. BaldiNew York Court of Appeals · 1981
  4. People v. RomeroNew York Court of Appeals · 2006
  5. People v. BeneventoNew York Court of Appeals · 1998

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3Cited by7 opinions

  1. Nelson v. Friends of Associated Beth Rivka School for GirlsAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. LaneAppellate Division of the Supreme Court of the State of New York · 2020
  3. People v. McCrayAppellate Terms of the Supreme Court of New York · 2016
  4. People v. NicholasAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. ClarkeAppellate Division of the Supreme Court of the State of New York · 2017

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

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