People v. Rozanski
| Citation | 619 N.Y.S.2d 441,209 A.D.2d 1018 |
| Parties | PEOPLE of the State of New York, Respondent, v. John ROZANSKI, Appellant. |
| Decision Date | 16 November 1994 |
| Court | New York Supreme Court Appellate Division |
Richard H. Speranza by Leonard Tilney, Jr., Lockport, for appellant.
Matthew J. Murphy, III by Marie Grisanti, Lockport, for respondent.
Before DENMAN, P.J., and GREEN, FALLON, WESLEY and DOERR, JJ.
Defendant appeals from a judgment convicting him, upon a jury verdict, of nine counts each of sexual abuse in the first and second degrees and one count each of assault in the second and third degrees and attempted rape in the first and second degrees. There is sufficient evidence to support defendant's conviction of assault in the second degree. Defendant hit the victim several times with an extension cord or belt, stating that she would "feel it this time." The victim had whip marks on her arms and back that were observed and photographed by her teacher. That evidence is sufficient to demonstrate that defendant intended to cause physical injury to the victim using a dangerous instrument.
The evidence of forcible compulsion, an element of the nine counts of sexual abuse in the first degree and attempted rape in the first degree, is likewise sufficient. The victim testified that defendant slapped her in the face and grabbed her by the arm or leg to force her to engage in sexual acts. She testified that he made repeated threats to kill her if she would not engage in sexual acts or if she told anyone about them, and that he told her that, if he got into trouble for what he had done to her, he would get out of jail, find her and kill her. He also threatened to kill her and cut her body into small pieces so that no one would know that she was dead. The victim's fear of defendant was reasonable in light of the tender age of the victim and evidence of defendant's acts of physical abuse against her and her sister (see, People v. Hill, 163 A.D.2d 852, 852-853, 558 N.Y.S.2d 380, lv. denied 76 N.Y.2d 940, 563 N.Y.S.2d 69, 564 N.E.2d 679).
Although County Court erred in giving a no inference charge in the absence of a request by defendant (see, CPL 300.10[2], defendant did not object to the charge as given, thereby failing to preserve for review his present argument (see, CPL 470.05[2]. In any event, in light of the overwhelming proof of defendant's guilt, the error is harmless (see, People v. Goncalves, 143 A.D.2d 530, 533 N.Y.S.2d 29, lv. denied 73 N.Y.2d 855, ...
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People v. Strong
...serious physical injury" ( Penal Law § 10.00[13] ), and therefore constituted a dangerous instrument (see People v. Rozanski, 209 A.D.2d 1018, 1018, 619 N.Y.S.2d 441 [4th Dept. 1994], lv. denied 84 N.Y.2d 1038, 623 N.Y.S.2d 194, 647 N.E.2d 466 [1995] ; see also People v. Still, 26 A.D.3d 81......
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...matter, the charge of Criminal Possession of a Weapon in the Fourth Degree is legally sufficient. See, also, People v. Rozanski, 209 A.D.2d 1018, 619 N.Y.S.2d 441 (4th Dept, 1994) (“Defendant hit the victim several times with an extension cord or belt ... evidence is sufficient to demonstra......
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...charging the jury that no adverse inference should be drawn from defendant's failure to testify (see, CPL 300.10[2]; People v. Rozanski, 209 A.D.2d 1018, 619 N.Y.S.2d 441, lv. denied 84 N.Y.2d 1038, 623 N.Y.S.2d 194, 647 N.E.2d 466; People v. Monk, 192 A.D.2d 1081, 596 N.Y.S.2d 236, lv. den......
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Witness examination
...686 (2d Dept. 1988). A witness may also be treated as hostile if he or she is in privity with an opposing party. People v. Rozanski , 209 A.D.2d 1018, 619 N.Y.S.2d 441 (4th Dept. 1994). PRACTICE TIP Calling adverse party as witness. It is often necessary or desirable to call an adverse part......
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Witness examination
...686 (2d Dept. 1988). A witness may also be treated as hostile if he or she is in privity with an opposing party. People v. Rozanski , 209 A.D.2d 1018, 619 N.Y.S.2d 441 (4th Dept. 1994). PRACTICE TIP Calling adverse party as witness. It is often necessary or desirable to call an adverse part......
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...686 (2d Dept. 1988). A witness may also be treated as hostile if he or she is in privity with an opposing party. People v. Rozanski , 209 A.D.2d 1018, 619 N.Y.S.2d 441 (4th Dept. 1994). For a list of instances in which leading questions should be used during direct examination, see EDWARD M......
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Table of cases
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