Free Newsletter
Fourth Department – Predatory sexual assault: People v. Harrell
Daily Record Staff//March 28, 2025//
New York State Supreme Court, Appellate Division, Fourth Judicial Department
Predatory sexual assault — Sufficiency of the evidence
KA 23-00418
Appealed from Jefferson County Court
Background: The defendant engaged in a years-long sexual relationship with an underage female with whose family he often resided. He appeals from a jury verdict of three counts of predatory sexual assault, 16 counts of rape and one count of sexual abuse.
Ruling: The Appellate Division reversed one count of predatory sexual assault. The court noted that the victim testified in unspecific terms of the time the defendant had sexual intercourse with her on the night before she turned 13. She stated she was not absolutely sure when it occurred or whether it actually occurred.
Ryan James Muldoon for the defendant-appellant; Morgan R. Mayer, of the district attorney’s office, for the respondent.
Submitted
Case Digests
- Second Circuit – Long-arm jurisdiction: Northwell Health Inc. v. Group Hospitalization and Medical Services Inc.
- Fourth Department – Motor vehicle accident: Thurston v. Howard
- Western District Case Notes
- Fourth Department – Disclosure: People v. Smith
- Second Circuit – Petition for bail: Fulton v. Mullin
- Fourth Department – Breach of lease agreement: Three Buds, LLC v. NCTBP Calabrese LLC
- Second Circuit – Expert testimony: Rutledge v. Walgreen Co.; Phippen v. Walgreen Co.
- Second Circuit – Congestion pricing: County of Rockland v. Triborough Bridge & Tunnel Auth.
- Fourth Department – Apartment search: People v. Shaw
- Fourth Department – Vicarious liability: Sarah R. v. Crouse Health Hospital
- Fourth Department – Waiver of indictment: People v. Schindler
Law News
- New York sues Kalshi, says its prediction markets are illegal gambling
- Police investigate alleged misappropriation of Walworth Fire Department funds
- New trial granted for defendant unhappy with their attorney
- NY appellate court reinstates medical malpractice case
- NY appeals court reinstates slip-and-fall lawsuit
- Charter Communications must pay penalty for retaliation against employee
- Webster resident named to lead national court reporter group
- NY appeals court affirms rape conviction, rejects speedy trial claim