(Download) "People State New York v. Joseph H. Egan" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Joseph H. Egan
- Author : Supreme Court of New York
- Release Date : January 19, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Appeal from a judgment of the County Court of Madison County (Kepner, Jr., J.), rendered May 19, 1983, upon a verdict convicting defendant of the crimes of sodomy in the third degree and endangering the welfare of a child. para. In the fall of 1982, defendant and the victims family were apparently socializing together somewhat regularly. During this time defendant, a 47-year-old man, purchased numerous gifts for the victim, a 14-year-old girl, including clothing, tape recorders and stereos. In November of that year, the victim, her mother and her stepfather moved into defendants house because defendant planned to go to California for an extended period and wanted them to look after his 17-year-old son; however, defendant remained in the house for approximately two months thereafter. para. On the evening of December 30, 1982, defendant and the other members of the household, exclusive of the victim, had been drinking. The victim had gone to bed around midnight, leaving her bedroom door unlocked at the request of her older sister, who was to share the room with her that night. At approximately 4:30 a.m., the sister discovered defendant sitting on the victims bed with his head between her thighs; the sister ordered him to leave the room and attempted to calm the victim, who was very upset. Defendant unexpectedly departed for California the next day. The sister immediately reported the incident to her mother and again on the following day; the second time, the mother responded that "He is gone and it wont happen again." After defendant returned, the sister, on January 17, 1983, reported the incident to the police. Defendant was subsequently arrested, indicted for sodomy in the third degree and endangering the welfare of a child, and convicted of both charges after trial. Since we find none of the various grounds advanced by defendant for reversal compelling in any respect, we affirm. para. In an attempt to discredit the victim, defense counsel on cross-examination asked the mother if the victim had ever invented stories to make her boyfriend jealous, to which the mother responded that she did not know. Claiming that the defense had "opened the door", the People used this as an opportunity to elicit testimony regarding defendants bad acts. On redirect, the People, over defense objection, inquired whether the mother had ever heard her daughter accuse anyone, including defendant, of any prior sexual conduct, and the witness rejoined that her daughter had told her that defendant on one occasion had come into her bedroom, put his hands on her and said he loved [103 A.D.2d 940 Page 941]
 "People State New York v. Joseph H. Egan" by Supreme Court of New York # Book PDF Kindle ePub Free){kind=link}