People v. Poteat

Defendant appeals his bench conviction of third-degree criminal sexual conduct. MCLA 750.520d; MSA 28.788(4).

Complainant was a 15-year-old boy at the time of the episode in question; defendant, a 35-year-old man. Defendant, complainant and four other teenage boys were spending an evening watching television. At approximately 9 o’clock, complainant got up and went to the bathroom. He testified that defendant followed him into the bathroom a few seconds later, grabbed his penis and performed fellatio upon him for between five and ten minutes. Later that evening an altercation developed between…