PEOPLE v. DRAY

Ind. No. 4144/17. Appeal No. 13383. Case Nos. 2019-3531, 2020-03254.

192 A.D.3d 542 (2021)

2021 NY Slip Op 01559

The People of the State of New York, Respondent, v. Benjamin Dray, Appellant.

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

Decided March 18, 2021.


Attorney(s) appearing for the Case

The Baker Law Firm for Criminal Appeals, PLLC, Bronx ( Mark M. Baker of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Ellen Stanfield Friedman of counsel), for respondent.

Concur— Acosta, P.J., Gische, Webber, González, JJ.


Defendant was arrested and charged with burglary in the second degree (Penal Law § 140.25[2]) and sexual abuse in the first degree (Penal Law § 130.65[2]). At trial, the complainant testified that she moved into an apartment where defendant and four other men resided. According to the complainant, each bedroom had a number and a lock that could be opened from the outside with a keypad. On the morning of the incident, the complainant woke up and felt someone's finger...

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