Appellate Division of the Supreme Court of New York, 1990

People v. Lanier

People v. Lanier
Appellate Division of the Supreme Court of New York · Decided July 13, 1990
163 A.D.2d 902; 558 N.Y.S.2d 424; 1990 N.Y. App. Div. LEXIS 9623
People v. Lanier

Opinion of the Court

Judgment unanimously affirmed. Memorandum: The testimony of the infant victims that defendant, their mother’s boyfriend, had previously disciplined them by beating them with an extension cord, belts, or switches, was properly admitted to show the victims’ continuing fear of defendant as evidence of forcible compulsion (see, People v Thompson, 158 AD2d 563).

We reject defendant’s contention that prosecutorial misconduct deprived him of a fair trial. (Appeal from judgment of Erie County Court, Drury, J.—rape, first degree.) Present— Denman, J. P., Boomer, Pine, Balio and Lowery, JJ.

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