PEOPLE v. GARCIA


160 A.D.2d 258 (1990)

The People of the State of New York, Respondent, v. Jose Luis Garcia, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 5, 1990


Defendant's guilt of sodomizing the seven-year-old daughter of his girlfriend was established beyond a reasonable doubt. Defendant confessed to the crime and the infant's 13-year-old brother testified that he saw defendant leaning over the infant with his head at her "waist area". The infant said defendant did not place his mouth on her, but that testimony raised a jury question and we decline to interfere with the jury's resolution...

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