[DOWNLOAD] "People State New York v. Morris Allen" by Supreme Court of New York * eBook PDF Kindle ePub Free

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eBook details

• Title: People State New York v. Morris Allen
• Author : Supreme Court of New York
• Release Date : January 27, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

The complainant testified that she was raped by Morris Allen in the apartment of Brian Roberts on the evening of February
23, 1985. After leaving the apartment, she was set upon again and, raped by Allen, Roberts and Andre Purnell in a park. Thereafter,
Allen and Purnell orally sodomized her. When the complainant bit Purnell's member, Purnell brutally performed anal sodomy
on her, physically assisted by Allen and Roberts during which time the complainant's hair was cut off, and she was slashed
on the buttocks and legs with a box cutter. The evidence was sufficient to support the defendants' convictions of rape and sodomy beyond a reasonable doubt, despite
the fact that the complainant had been drinking, especially since the complainant's testimony was corroborated in almost every
essential respect by the testimony of Roberts, who pleaded guilty and cooperated with the prosecution. With regard to the
assault charge, the conflict in the testimony of the complainant and Roberts as to whether it was Purnell or Allen who actually
cut the complainant, is without legal significance since they were charged with acting in concert with each other. Medical
testimony revealed multiple superficial lacerations to the complainant's leg and buttocks, at least one laceration requiring
stitches, contusions to the pelvic and abdominal area, and a conjunctive hemorrhage in her eye. The complainant testified
that scars remained two years after the attack. The complainant's injuries satisfy the requirement in PL § 120.10(2) that
the defendant, "with intent to disfigure another person seriously and permanently . . . causes such injuries to such persons
. . ." (See, People v. Matos, 107 A.D.2d 823, compare, People v. Kern, 75 N.Y.2d 638, 658).

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