PEOPLE v. SCOTT (2007)

Supreme Court, Appellate Term, New York.

The PEOPLE of the State of New York, Respondent, v. George SCOTT, Defendant-Appellant.

Decided: May 08, 2007

Present: McCOOE, J.P., SCHOENFELD, KLEIN HEITLER, JJ.

Legal Aid Society, New York City (Steven Banks and John Schoeffel of counsel), and Cahill Gordon & Reindel LLP, New York City (Laura C. Fraher of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York City (Patricia Curran and Jennifer L. Lowry of counsel), for respondent.

Judgment of conviction (Patricia M. Nunez, J.), rendered June 28, 2005, reversed, on the facts, and the accusatory instrument is dismissed.

Defendant's conviction of endangering the welfare of a child was against the weight of the evidence, where he was acquitted of the remaining sexual abuse and forcible touching counts, and all of the charges were predicated upon the same prosecution theory that defendant “molested” the complainant by subjecting her to sexual contact (see People v. Franco, 11 A.D.3d 710, 784 N.Y.S.2d 133 [2004]; see also People v. Crane, 242 A.D.2d 783, 661 N.Y.S.2d 679 [1997]; cf. People v. Snead, 302 A.D.2d 268, 269, 756 N.Y.S.2d 8 [2003] [endangerment count not predicated on “sexual contact” theory] ). In view of the unitary nature of the People's trial theory, the verdict was “inherently inconsistent when viewed in light of the elements of each crime as [presented] to the jury” (People v. Crane, 242 A.D.2d at 783, 661 N.Y.S.2d 679).

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network