PEOPLE v. EVANGELISTA


1 Misc.3d 873 (2003)

771 N.Y.S.2d 791

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ELBRIN EVANGELISTA, Defendant.

Criminal Court of the City of New York, Bronx County.

October 27, 2003.


Attorney(s) appearing for the Case

John Cromwell, White Plains, for defendant.

Robert T. Johnson, District Attorney, Bronx (Penny Bluford Garrett of counsel), for plaintiff.


OPINION OF THE COURT

SALVATORE J. MODICA, J.

The defendant is charged with a single count of sexual misconduct under Penal Law § 130.20 (1). It is alleged that this 19-year-old defendant had sexual intercourse with a 14-year-old girl "numerous times" between the dates of September 22, 2002 and April 2, 2003. The defendant, relying on People v Keindl (68 N.Y.2d 410<...

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