(DOWNLOAD) "People v. Jurgensen" by Appellate Division, Fourth Department, New York Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Jurgensen
- Author : Appellate Division, Fourth Department, New York Supreme Court
- Release Date : January 09, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Defendant appeals from a judgment convicting him after a jury trial of burglary in the first degree (Penal Law § 140.30 [3]), sodomy in the first degree (Penal Law § 130.50 [1]), two counts of sexual abuse in the first degree (Penal Law § 130.65 [1]), and two misdemeanor offenses. The complainant testified that a man with his head and face covered broke into her home in the early morning hours and forced her to perform sexual acts. The contention of defendant that he was taken into custody without probable cause is raised for the first time on appeal and thus is not preserved for our review (see, People v Vasquez, 66 NY2d 968, 970, cert denied 475 US 1109; People v Rippy, 195 AD2d 954, lv denied 82 NY2d 807). Contrary to defendants further contention, the evidence is legally sufficient to establish that defendant was the perpetrator of the offenses (see generally, People v Bleakley, 69 NY2d 490, 495). The complainant described the belt worn by her attacker, and at the time of his arrest defendant was wearing a belt that matched that description. Furthermore, the evidence established that the perpetrator entered the house through the kitchen window, and fingerprints taken from the window and a chair next to the window matched those of defendant. In addition, shoe prints on the chair next to the window matched defendants shoe prints. *There was no indication that the fingerprints [and shoe prints] were placed there innocently* (People v Hunter, 191 AD2d 645, lv denied 81 NY2d 1014; see, People v Gaines, 174 AD2d 1049, lv denied 79 NY2d 827). The verdict is not against the weight of the evidence (see, People v Bleakley, supra, at 495).
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