PEOPLE v. BORDEN

KA 10-01601.

2011 NY Slip Op 09719

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BRIAN BORDEN, DEFENDANT-APPELLANT.

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

Decided December 30, 2011.


Attorney(s) appearing for the Case

PATRICIA M. MCGRATH , LOCKPORT, FOR DEFENDANT-APPELLANT.

MICHAEL J. VIOLANTE , DISTRICT ATTORNEY, LOCKPORT ( THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.

PRESENT: FAHEY, J.P., PERADOTTO, LINDLEY, GREEN, AND GORSKI, JJ.


It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of, inter alia, three counts of criminal sexual act in the first degree (Penal Law § 130.50 [1]), arising from his sexual assault of a woman whom he grabbed off the street and dragged into an alley. We reject defendant's contention that County Court erred in denying his motion for a mistrial based...

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