PEOPLE v. JARDIN


88 N.Y.2d 956 (1996)

670 N.E.2d 444

647 N.Y.S.2d 160

The People of the State of New York, Respondent, v. Evaristo Jardin, Appellant.

Court of Appeals of the State of New York.

Decided July 9, 1996.


Attorney(s) appearing for the Case

Marta E. Nelson, New York City, and Daniel L. Greenberg for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Robert L. Moore and Joseph N. Ferdenzi of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Following a jury trial, defendant was convicted of rape in the first degree. The evidence was that on June 27, 1990, late at night, the complainant, who knew the 60-year-old defendant, went to his apartment to help him with some homework. After the assistance, when she attempted to leave, defendant forced her to engage in sexual intercourse. Defendant...

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