Legal Opinion

People v. Cirina

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

Decided October 11, 1988PublishedCited by 10 opinions

1Opinion of the Court

— Appeal by the defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered April 29, 1985, convicting him of sodomy in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

A review of the record reveals that there was legally sufficient evidence to support the finding that the 13-year-old complainant was incapable of consenting to deviate sexual intercourse with the defendant by reason of her being physically helpless (Penal Law § 130.50 [2]; § 130.00 [7]). The substantial testimony regarding the complainant’s…

2Cases cited6 opinions

  1. People v. GloverNew York Court of Appeals · 1982
  2. People v. TeicherNew York Court of Appeals · 1981
  3. People v. WheelerNew York Court of Appeals · 1986
  4. People v. SaddlemireAppellate Division of the Supreme Court of the State of New York · 1986
  5. People v. GleixnerAppellate Division of the Supreme Court of the State of New York · 1986

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

3Cited by10 opinions

  1. People v. HimmelAppellate Division of the Supreme Court of the State of New York · 1999
  2. State v. ChaneySupreme Court of Kansas · 2000
  3. People v. BacchusAppellate Division of the Supreme Court of the State of New York · 1991
  4. People v. SweeneyAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. OgbornAppellate Division of the Supreme Court of the State of New York · 2008

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

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