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The People of the State of New York, Respondent, v. Rogelio Innis, Appellant

New York Supreme Court, Appellate Division2015-03-19
126 A.D.3d 5783 N.Y.S.3d 583

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Opinion

majority opinion

Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered May 23, 2013, as amended, July 15, 2013, convicting defendant, after a jury trial, of persistent sexual abuse, and sentencing him, as a predicate felony sex offender previously convicted of a violent felony, to a term of four years, unanimously affirmed.

The prosecution’s summation comments about the absence of medical records provide no basis for reversal. The court thoroughly instructed the jury that a defendant has no burden of proof. The jury is presumed to have followed the court’s instructions.

Concur — Mazzarelli, J.P., DeGrasse, Richter and Feinman, JJ.