PEOPLE v. PARDEW

570646/06.

2008 NY Slip Op 51383 (U)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD PARDEW.

Appellate Term of the Supreme Court of New York, First Department.

Decided July 10, 2008.


PER CURIAM.

We reject defendant's challenge to the sufficiency and weight of the evidence supporting the lack of consent element of the charged crimes. The complainant's clear and consistent testimony, together with defendant's post-incident recorded statements, established beyond a reasonable doubt that the complainant did not "expressly or impliedly acquiesce" (Penal Law § 130.05[2][c]) in the sexual contact to which she was subjected immediately after she...

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