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PEOPLE v. DEAGO

188 A.D.2d 276 (1992)

The People of the State of New York, Respondent, v. Karl Deago, Appellant

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

December 1, 1992

There was no reasonable view of the evidence to support a jury charge on attempted rape, since there was no basis for the jury to discredit the complainant's testimony that there was penetration, while crediting the remainder of her testimony. The brief questioning of the juror in the presence of defendant's counsel but not defendant, was proper (People v Torres, 80 N.Y.2d 944).

With respect to the court's Allen charge...

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