Legal Opinion

People v. Tarnowski

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

Decided March 10, 1989PublishedCited by 5 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: The evidence, particularly defendant’s own statements and testimony, was sufficient to support his conviction for intentional murder, felony murder, attempted rape, and sexual abuse. Defendant’s admissions established that he fondled the victim and attempted to rape her by forcible compulsion. Moreover, defendant’s admissions established that he killed the victim "in the course of and in furtherance of [the attempted rape and sexual abuse] or of immediate flight therefrom” (Penal Law § 125.25 [3]). From the medical evidence and defendant’s testimony…

2Cited by5 opinions

  1. People v. MillerAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. PitsleyAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. BallewAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. BarberAppellate Division of the Supreme Court of the State of New York · 1990
  5. Haims v. SenkowskiCourt of Appeals for the Second Circuit · 2004

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