PEOPLE v. LAVINE

Ind. No. 2855/19. Appeal No. 522. Case No. 2022-00846.

217 A.D.3d 584 (2023)

189 N.Y.S.3d 521

2023 NY Slip Op 03416

The People of the State of New York, Respondent, v. Joel Lavine, Appellant.

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

Decided June 22, 2023.


Attorney(s) appearing for the Case

Glenn A. Garber, P.C., New York ( Glenn A. Garber of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Julianna Sousou of counsel), for respondent.

Concur—Renwick, P.J., Kennedy, Scarpulla, Shulman, Higgitt, JJ.


Judgment, Supreme Court, New York County (Daniel Conviser, J.), rendered February 18, 2022, convicting defendant, after a jury trial, of two counts of sexual abuse in the third degree, and sentencing him to a conditional discharge for a period of one year, unanimously affirmed.

We agree with the trial court that prosecutor's summation did not impermissibly shift the burden of proof to defendant, effectively requiring him to prove consent. Rather, the remark in question...

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