PEOPLE v. HAYES


261 A.D.2d 872 (1999)

690 N.Y.S.2d 358

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY HAYES, Also Known as JIMMY KING, Appellant.

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

Decided May 7, 1999.


Judgment unanimously affirmed.

Memorandum:

Defendant was convicted following a jury trial of rape in the first degree (Penal Law § 130.35 [1]) and burglary in the second degree (Penal Law § 140.25 [2]) arising from an incident in which defendant pushed an 85-year-old woman into her apartment and raped her. Defendant contends that there was insufficient evidence of penetration to support the conviction of rape. We disagree.

Rape in the first...

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