Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
The PEOPLE of the State of New York, Respondent, v. Mark K. GOUPIL, Defendant–Appellant.
On appeal from a judgment convicting him upon a jury verdict of three counts of predatory sexual assault against a child (Penal Law § 130.96), defendant contends that County Court erred in refusing to permit him to introduce evidence of the victim's prior sexual conduct pursuant to CPL 60.42. We reject that contention. The evidence in question does “ ‘not fall within any of the exceptions set forth in CPL 60.42(1) through (4), and defendant failed to make an offer of proof demonstrating that such evidence was relevant and admissible pursuant to CPL 60.42(5)’ “ (People v. Wright, 37 A.D.3d 1142, 1143, 829 N.Y.S.2d 377, lv denied 8 N.Y.3d 951, 836 N.Y.S.2d 561, 868 N.E.2d 244; see People v. Halter, 19 N.Y.3d 1046, 1049, 955 N.Y.S.2d 809, 979 N.E.2d 1135).
We also conclude that defendant failed to preserve for our review his contention that he was deprived of a fair trial based on prosecutorial misconduct during summation (see CPL 470.05[2]; People v. Brown, 94 A.D.3d 1461, 1462, 942 N.Y.S.2d 826, lv denied 19 NY3d 955). In any event, defendant's contention is without merit because the prosecutor's comments were “ ‘either a fair response to defense counsel's summation or fair comment on the evidence’ “ (People v. Green, 60 A.D.3d 1320, 1322, 875 N.Y.S.2d 390, lv denied 12 N.Y.3d 915, 884 N.Y.S.2d 696, 912 N.E.2d 1077).
Defendant failed to preserve for our review his further contention that he was denied a fair trial based on the testimony of an expert with respect to child sexual abuse accommodation syndrome (CSAAS) (see People v. Lawrence, 81 A.D.3d 1326, 1327, 916 N.Y.S.2d 393, lv denied 17 N.Y.3d 797, 929 N.Y.S.2d 105, 952 N.E.2d 1100) and, in any event, that contention is without merit. “Expert testimony concerning CSAAS is admissible to assist the jury in understanding the unusual conduct of victims of child sexual abuse where, as here, the testimony is general in nature and does ‘not attempt to impermissibly prove that the charged crimes occurred’ “ (People v. Filer, 97 A.D.3d 1095, 1096, 947 N.Y.S.2d 743, lv denied 19 N.Y.3d 1025, 953 N.Y.S.2d 558, 978 N.E.2d 110, quoting People v. Carroll, 95 N.Y.2d 375, 387, 718 N.Y.S.2d 10, 740 N.E.2d 1084).
We reject defendant's contention that he was denied effective assistance of counsel. Viewing the evidence, the law and the circumstances of this case, in totality and as of the time of the representation, we conclude on the record before us that defendant received meaningful representation (see generally People v. Flores, 84 N.Y.2d 184, 187, 615 N.Y.S.2d 662, 639 N.E.2d 19; People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400). Insofar as defendant contends that defense counsel was ineffective in her cross-examination of the victim, we conclude that “ ‘[s]peculation that a more vigorous cross-examination might have [undermined the credibility of a witness] does not establish ineffectiveness of counsel’ “ (People v. Bassett, 55 A.D.3d 1434, 1438, 866 N.Y.S.2d 473, lv denied 11 N.Y.3d 922, 874 N.Y.S.2d 7, 902 N.E.2d 441). Contrary to his further contention, “[d]efendant was not denied effective assistance of counsel based on defense counsel's failure to object to the allegedly improper comments by the prosecutor on summation inasmuch as those comments did not constitute prosecutorial misconduct” (People v. Hill, 82 A.D.3d 1715, 1716, 919 N.Y.S.2d 688, lv denied 17 N.Y.3d 806, 929 N.Y.S.2d 566, 953 N.E.2d 804). Finally, the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
MEMORANDUM:
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: March 15, 2013
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)