PEOPLE v. DELACRUZ

Ind. No. 52715C/08. Appeal No. 17071. Case No. 2018-3792.

212 A.D.3d 469 (2023)

179 N.Y.S.3d 896

2023 NY Slip Op 00165

The People of the State of New York, Respondent, v. Erasmo Delacruz, Appellant.

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

Decided January 12, 2023.


Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Harold V. Ferguson, Jr. of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Reva Grace Phillips of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Singh, Mendez, Rodriguez, JJ.


Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about September 30, 2015, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously modified, on the law, to the extent of reducing the adjudication to level one, and otherwise affirmed, without costs.

As the People concede, the victim's testimony that she was "fighting" with defendant, trying to push him away, and...

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