PEOPLE v. PENA

No. 14.

28 N.Y.3d 727 (2017)

71 N.E.3d 930

49 N.Y.S.3d 342

2017 NY Slip Op 01142

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL PENA, Appellant.

Court of Appeals of New York.

Decided February 14, 2017.


Attorney(s) appearing for the Case

Ephraim Savitt , New York City, for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Joshua L. Haber and Susan Gliner of counsel), for respondent.

Chief Judge DIFIORE and Judges RIVERA, STEIN, FAHEY and GARCIA concur; Judge WILSON taking no part.


OPINION OF THE COURT

In August 2011, defendant, an off-duty New York City police officer, raped, sodomized and sexually assaulted a 25-year-old school teacher in a residential courtyard, while threatening her with his loaded, police-issued weapon. Defendant was convicted, upon...

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