People v. Clarke

Summary

The New York Appellate Division, Fourth Department, affirmed Trevor E. Clarke’s convictions for multiple sex offenses and endangering the welfare of a child. The court rejected his weight-of-the-evidence challenge, declined to review an unpreserved constitutional claim concerning the presentation of a defense, and modified the judgment to require concurrent sentences on counts 2 and 6, reducing the aggregate sentence from 52 years to life to 37 years to life.

Holdings

1. The verdict was not against the weight of the evidence.
2. The constitutional claim was unpreserved because defendant did not assert at trial a constitutional right to introduce the excluded evidence, and the court declined to review the claim in the interest of justice.
3. The aggregate sentence of 52 years to life was unduly harsh and severe under the circumstances, and the judgment was properly modified to direct that the sentences on counts 2 and 6 run concurrently, resulting in an aggregate sentence of 37 years to life.

Questions Presented

1. Whether the jury's verdict was against the weight of the evidence.
2. Whether the trial court's preclusion of questioning concerning statements attributed to defendant deprived defendant of his constitutional right to present a defense.
3. Whether the aggregate sentence of 52 years to life was unduly harsh and severe.

Disposition

other