PEOPLE v. NEWKIRK

103151.

75 A.D.3d 853 (2010)

906 N.Y.S.2d 133

THE PEOPLE OF THE STATE OF NEW YORK, Respondent-Appellant, v. DAVID NEWKIRK, Appellant-Respondent.

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

Decided July 15, 2010.


Egan Jr., J.

In a six-count indictment, defendant was charged with rape in the first degree (three counts) and sexual abuse in the first degree (three counts). The indictment was based upon allegations that on May 2, 4 and 6, 2005, defendant raped the victim (born in 1987), his stepdaughter, and sexually abused her by rubbing his penis between her legs while using forcible compulsion. A jury convicted defendant on all six counts. Prior to sentencing, Supreme Court...

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