PEOPLE v. BLACKWOOD

1816/08, 8418.

108 A.D.3d 163 (2013)

965 N.Y.S.2d 479

2013 NY Slip Op 3764

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HORACIO BLACKWOOD, Appellant.

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

Decided May 23, 2013.


Attorney(s) appearing for the Case

Steven Banks , The Legal Aid Society, New York City ( David Crow of counsel), Quinn Emanuel Urquhart & Sullivan LLP, New York City ( Robert Trisotto of counsel), and Cahill Gordon & Reindell LLP, New York City ( Will A. Page and Daniel C. Isaacs of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Grace Vee and Susan Gliner of counsel), for respondent.

ANDRIAS, J.P., MOSKOWITZ and MANZANET-DANIELS, JJ., concur.


OPINION OF THE COURT

SAXE, J.

Defendant's conviction of rape in the second degree and facilitating a sex offense with a controlled substance was not only supported by legally sufficient evidence, but the weight of the evidence was overwhelming, and the trial court's Molineux ruling does not justify reversal.

The charge of rape in the second degree (Penal Law § 130.30[2]) is based on defendant's having had sexual intercourse with the complainant...

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