People v. Peterkin
| Decision Date | 16 July 1993 |
| Citation | 195 A.D.2d 1015,600 N.Y.S.2d 579 |
| Parties | PEOPLE of the State of New York, Respondent, v. Anthony J. PETERKIN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Donald Thompson, Rochester, for appellant.
James King by Jane Larock, Watertown, for respondent.
Before CALLAHAN, J.P., and GREEN, LAWTON, FALLON and BOEHM, JJ.
Defendant's conviction of attempted rape in the first degree, sexual abuse in the first degree and unlawful imprisonment in the second degree is supported by legally sufficient evidence. The record reveals that defendant grabbed the victim by the arm and pushed her into a car. En route to defendant's apartment, the victim attempted to escape, but defendant grabbed and punched her in the head. The victim testified at trial that she was afraid of defendant and had seen him engage in violent behavior in the past. Upon arriving at defendant's apartment, defendant grabbed the victim by the shoulders and pushed her down upon the bed. She fought defendant and he told her that, if she kept fighting, he was going to bite and punch her. Defendant fondled the victim and got on top of her. The victim continued to fight and defendant ultimately desisted and then stood up and urinated on the victim. That evidence, if believed by the court, was sufficient to support the charges of which defendant was convicted (see, People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672).
We reject defendant's contention that he was deprived of a fair trial and effective assistance of counsel because the court failed to state before summations that it would consider the lesser included offense of attempted rape in the first degree in rendering its verdict. Although the failure to inform counsel in a timely manner of the lesser included offense it would consider in rendering a verdict is error (CPL 320.20[5], it is harmless where a defendant cannot show prejudice or that the defense summation would have been altered in any substantial way if counsel had known the lesser included offense would be charged (People v. Trail, 172 A.D.2d 320, 321, 568 N.Y.S.2d 366, lv. denied 78 N.Y.2d 975, 574 N.Y.S.2d 955, 580 N.E.2d 427; People v. Jackson, 166 A.D.2d 356, 561 N.Y.S.2d 22, lv. denied 77 N.Y.2d 839, 567 N.Y.S.2d 208, 568 N.E.2d 657; People v. Taylor, 164 A.D.2d 922, 923, 559 N.Y.S.2d 820, lv. denied 76 N.Y.2d 944, 563 N.Y.S.2d 74, 564 N.E.2d 684). Although the court violated CPL 320.20(5) by failing to...
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People v. Coggins
...summation (see People v Gonzalez-Alvarez, 129 A.D.3d 647, 647-648 [1st Dept 2015], lv denied 27 N.Y.3d 997 [2016]; People v Peterkin, 195 A.D.2d 1015, 1015-1016 [4th Dept 1993], lv denied 82 N.Y.2d 758 [1993]; see generally Crimmins, 36 N.Y.2d at 237). Finally, defendant contends that the c......
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People v. Coggins
...summation (see People v Gonzalez-Alvarez, 129 A.D.3d 647, 647-648 [1st Dept 2015], lv denied 27 N.Y.3d 997 [2016]; People v Peterkin, 195 A.D.2d 1015, 1015-1016 [4th Dept 1993], lv denied 82 N.Y.2d 758 [1993]; see generally Crimmins, 36 N.Y.2d at 237). Finally, defendant contends that the c......
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Felix v. Conway
...climbed on top of her, holding towel near her face, later admitting to police he was thinking of having sex with her); People v. Peterkin, 195 A.D.2d 1015 (4th Dept. 1993) (defendant punched victim, got on top of her and fondled her, after the victim continued to fight the defendant ultimat......
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People v. Coggins
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