People v. Charles

• Decision Date: 15 January 2015
• Citation: 2015 N.Y. Slip Op. 00403,124 A.D.3d 986,2 N.Y.S.3d 246
• Parties: The PEOPLE of the State of New York, Respondent, v. Alan CHARLES, Also Known as Perp, Appellant.
• Court: New York Supreme Court — Appellate Division

?124 A.D.3d 986
2 N.Y.S.3d 246
2015 N.Y. Slip Op. 00403

The PEOPLE of the State of New York, Respondent,
v.
Alan CHARLES, Also Known as Perp, Appellant.

Supreme Court, Appellate Division, Third Department, New York.

Jan. 15, 2015

Affirmed as modified.

[2 N.Y.S.3d 247]

John Ferrara, Monticello, for appellant, and appellant pro se.

James R. Farrell, District Attorney, Monticello (Katy Schlichtman of counsel), for respondent.

Before: McCARTHY, J.P., GARRY, LYNCH, DEVINE and CLARK, JJ. CLARK, J.

Appeal from a judgment of the County Court of Sullivan County (Labuda, J.), rendered October 13, 2011, upon a verdict convicting defendant of the crimes of rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, rape in the third degree, criminal sexual act in the third degree, sexual abuse in the third degree, endangering the welfare of a child (two counts) and unlawfully dealing with a child in the first degree (two counts).

As the result of an incident wherein he and an accomplice provided alcohol to the victim and sexually assaulted her, defendant was charged in an indictment with rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, rape in the third degree, criminal sexual act in the third degree, sexual abuse in the third degree, two counts of endangering the welfare of a child and two counts of unlawfully dealing with a child in the first degree. Defendant initially pleaded guilty to one count of rape in the first degree, but withdrew that plea with

[2 N.Y.S.3d 248]

County Court's permission. At the conclusion of the jury trial that ensued, defendant was convicted of all charges. County Court thereafter sentenced defendant to an aggregate prison term of 57 years, to be followed by postrelease supervision of 20 years. Defendant now appeals.

Defendant first contends that the verdict was not supported by legally sufficient evidence and, moreover, was against the weight of the evidence. There is no dispute that defendant was 23 years old and the victim was 15 years old when the attack occurred in May 2010. The victim testified that she invited defendant to her residence and that he and a second man snuck into her bedroom with her permission, then provided her with hard liquor. She became uncomfortable after the men became too “touchy-feely” and attempted to leave the room, at which point the two men restrained her and forcibly subjected her to vaginal and oral sex. The victim also testified that, during the hour-long ordeal, defendant placed his finger in her anus. Her account of events was corroborated by an emergency room physician who examined her shortly after the assault, documented her injuries, and opined that they were recent and consistent with forcible penetration. DNA testing further confirmed that some of the genetic material recovered from the victim's person, as well as used condoms found in her bedroom, belonged to defendant. Viewing this evidence in the light most favorable to the People ( see People v. Mateo, 2 N.Y.3d 383, 409, 779 N.Y.S.2d 399, 811 N.E.2d 1053 [2004], cert. denied 542 U.S. 946, 124 S.Ct. 2929, 159 L.Ed.2d 828 [2004] ), we have no difficulty concluding that it was legally sufficient to support the verdict ( see People v. Brown, 232 A.D.2d 750, 751, 649 N.Y.S.2d 51 [1996], lv. denied 89 N.Y.2d 940, 655 N.Y.S.2d 890, 678 N.E.2d 503 [1997]; People v. Love, 177 A.D.2d 794, 797, 576 N.Y.S.2d 409 [1991], lv. denied 79 N.Y.2d 860, 580 N.Y.S.2d 732, 588 N.E.2d 767 [1992] ). We are further persuaded that the verdict was not against the weight of the evidence. The jury chose to credit the victim's detailed account of the attack over conflicting evidence, and we accord due deference to that determination ( see People v. Mateo, 2 N.Y.3d at 410, 779 N.Y.S.2d 399, 811 N.E.2d 1053; People v. McCloud, 121 A.D.3d 1286, 1286–1287, 995 N.Y.S.2d 269 [2014]; People v. Brown, 232 A.D.2d at 751, 649 N.Y.S.2d 51).

Defendant also...