People v. Feliciano

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before CARRO
• Citation: People v. Feliciano, 602 N.Y.S.2d 104, 196 A.D.2d 774 (N.Y. App. Div. 1993)
• Decision Date: 28 September 1993
• Parties: The PEOPLE of the State of New York, Respondent, v. Jose FELICIANO, Defendant-Appellant.

Page 104

602 N.Y.S.2d 104

196 A.D.2d 774

The PEOPLE of the State of New York, Respondent, v. Jose FELICIANO, Defendant-Appellant.

Supreme Court, Appellate Division First Department.

Sept. 28, 1993.

Before CARRO, J.P., and ELLERIN, WALLACH and ROSS, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, Bronx County (Robert L. Cohen, J.), rendered August 22, 1991, convicting defendant, after jury trial, of attempted rape in the first degree and sexual misconduct, and sentencing him to concurrent terms of imprisonment of 1 1/2 to 4 1/2 years and 1 year, respectively, unanimously affirmed. Motion by appellant to withdraw Points II and III of his brief is granted. The matter is remitted to the Supreme Court, Bronx County, for further proceedings pursuant to CPL 460.50(5).

Viewing the evidence at trial in the light most favorable to the People and giving them the benefit of every reasonable inference (People v. Malizia, 62 N.Y.2d 755, 476 N.Y.S.2d 825, 465 N.E.2d 364, cert. denied 469 U.S. 932, 105 S.Ct. 327, 83 L.Ed.2d 264), defendant's guilt of the crimes charged is amply supported (People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672). The jury's determinations of fact and credibility, not unreasonable, will not be disturbed by this court (People v. Gruttola, 43 N.Y.2d 116, 122, 400 N.Y.S.2d 788, 371 N.E.2d 506).

The 37 day time period set forth in the indictment with regard to the first incident was reasonable in the circumstances, where the complainant was 13 years old, with a serious hearing impairment that affected her speech, the accusation involved a person related...