PEOPLE v. MELENDEZ-TORRES

2016-08745. Ind. No. 553/15.

165 A.D.3d 840 (2018)

85 N.Y.S.3d 130

2018 NY Slip Op 06767

The People of the State of New York, Respondent, v. Boanerges Melendez-Torres, Appellant.

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

Decided October 10, 2018.


Ordered that the judgment is affirmed.

On the evening of October 18, 2013, the defendant was invited into an apartment by a tenant who rented one of several bedrooms in the apartment. The complainant and her partner rented another one of the bedrooms. During the evening, the complainant's partner left the apartment. The defendant, who had consumed several beers, entered the complainant's bedroom, where she was sleeping. He took off his clothes, lay on top of her,...

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