People v. Nash
| Decision Date | 04 August 2011 |
| Parties | The PEOPLE of the State of New York, Respondent,v.Adam J. NASH, Appellant. |
| Court | New York Supreme Court — Appellate Division |
87 A.D.3d 757
928 N.Y.S.2d 611
2011 N.Y. Slip Op. 06148
The PEOPLE of the State of New York, Respondent,
v.
Adam J. NASH, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
Aug. 4, 2011.
[928 N.Y.S.2d 612]
Theresa M. Suozzi, Saratoga Springs, for appellant.Andrew J. Wylie, District Attorney, Plattsburgh (Jaime A. Douthat of counsel), for respondent.Before: MERCURE, J.P., PETERS, MALONE JR., KAVANAGH and STEIN, JJ.MALONE JR., J.[87 A.D.3d 757] Appeal from a judgment of the County Court of Clinton County (Ryan, J.), rendered October 8, 2008, upon a verdict convicting defendant of the crimes of rape in the third [87 A.D.3d 758] degree, sexual misconduct and endangering the welfare of a child.
In July 2007, the victim (born in 1992) reported to police that defendant, then 29 years old and a family member, had engaged in sexual intercourse with her. Defendant was thereafter indicted for rape in the first degree, rape in the third degree, sexual misconduct and endangering the welfare of a child. Following a jury trial, defendant was convicted of rape in the third degree, sexual misconduct and endangering the welfare of a child and was subsequently sentenced to an aggregate prison term of four years, to be followed by five years of postrelease supervision. Defendant appeals.
Contrary to defendant's contention, the convictions are supported by the weight of the evidence. The victim testified at trial and described in detail an incident during which defendant had engaged in sexual intercourse with her. Other evidence established that, at the time of the incident, the victim was 15 years old and defendant was 29 years old ( see Penal Law § 130.25[2] ). Defendant testified in his own defense and denied that he had ever engaged in sexual intercourse with the victim. Although no medical evidence was available to corroborate the victim's testimony that sexual intercourse had occurred, the absence of such evidence was adequately explained ( see People v. Kelly, 270 A.D.2d 511, 511–512, 705 N.Y.S.2d 689 [2000], lv. denied 95 N.Y.2d 854, 714 N.Y.S.2d 5, 736 N.E.2d 866 [2000] ). Moreover, the fact that the jury found defendant not guilty of rape in the first degree does not, as defendant urges, necessarily indicate that the jury disbelieved the victim's account of the incident, particularly considering that, unlike rape in the third degree ( see Penal Law § 130.25[2] ) or sexual misconduct ( see Penal Law § 130.20[1] ), rape in the first...
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