PEOPLE v. GATHERS


47 A.D.3d 959 (2008)

851 N.Y.S.2d 280

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK E. GATHERS, Appellant.

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

Decided January 3, 2008.


Carpinello, J.

Following a jury trial, defendant was found guilty of rape in the third degree and three counts of criminal sexual act in the third degree based on evidence that he had sexual intercourse, oral sex and anal sex with his ex-girlfriend without her consent. On appeal, he argues that the victim's lack of consent was not proven beyond a reasonable doubt. We affirm.

Defendant's argument that the evidence was legally insufficient to support his convictions...

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