By: Daily Record Staff//September 21, 2023
By: Daily Record Staff//September 21, 2023//
New York State Supreme Court, Appellate Division, Fourth Judicial Department
Appealed from Onondaga County Court
Background: The defendant appealed from his conviction of promoting prostitution, three counts of rape, two counts of criminal sexual act and two counts of endangering the welfare of a child. The convictions arose from allegations that the defendant promoted the prostitution of the victim, who was only 16 years old at the time, and that the defendant had oral and vaginal sex with her.
Ruling: The Appellate Division affirmed. The court held that the court’s Molineux ruling was not in error. The victim’s 15-year-old friend testified that she was present when the victim met the defendant in the parking lot prior to a trip. The defendant had asked the friend if she wanted to engage in prostitution that same weekend. The evidence was relevant to show a common scheme or plan and to establish that the defendant knew that he was promoting prostitution when he provided money and drugs for the victim’s trip.
Matthew C. Hug, of Hug Law, for the defendant-appellant; Bradley W. Oastler, of the district attorney’s office, for the respondent.