PEOPLE v. RIOS


191 A.D.2d 722 (1993)

595 N.Y.S.2d 524

The People of the State of New York, Respondent, v. Angel Rios, Appellant

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

March 29, 1993


Ordered that the judgments are affirmed.

Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15 [5]).

We agree with the defendant that it was error for the People to display to the jury the six-year-old complainant, who did not testify at trial, since this display was more prejudicial than probative of the issue of forcible...

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