PEOPLE v. MONROE (2016)

The PEOPLE of the State of New York, Respondent, v. Derrick MONROE, Defendant–Appellant.

Decided: July 05, 2016

SWEENY, J.P., ACOSTA, FEINMAN, KAPNICK, KAHN, JJ.

Cardozo Appeals Clinic, New York (Stanley Neustadter of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (William Terrell, III of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Seth L. Marvin, J.), rendered August 20, 2013, as amended September 26, 2013, convicting defendant, after a jury trial, of rape in the first degree and criminal sexual act in the first degree, and sentencing him, as a persistent felony offender, to concurrent terms of 22 years to life, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348–349 [2007] ). There is no basis for disturbing the jury's determinations regarding credibility, including its evaluation of alleged inconsistencies in testimony. The element of forcible compulsion was established by, among other things, the victim's testimony that defendant held her down during the attack (see e.g. People v. Simmons, 278 A.D.2d 29 [1st Dept 2000] lv denied 96 N.Y.2d 787 [2001] ).

We perceive no basis for reducing the sentence.

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Out of date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