PEOPLE v. ELWOOD

102249.

80 A.D.3d 988 (2011)

915 N.Y.S.2d 694

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JONATHAN W. ELWOOD, Appellant.

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

Decided January 20, 2011.


Stein, J.

One evening while the victim was sleeping, defendant and Stephen Ohl broke down the door and entered the victim's home. When they encountered the victim, Ohl hit her in the head, causing her to fall to the floor. Ohl then lifted her off the floor and steered her into the living room to a sofa bed. Both Ohl and defendant stole cash from the victim's purse and Ohl sexually assaulted the victim while defendant stood by with an AK-47 rifle in his hand. According...

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