The People of the State of New York v. Ronald Swartz

Albany, New York, criminal defense lawyer represented the Defendant charged with two counts of predatory sexual assault against a child.



In 2019, defendant was charged by indictment with two counts of predatory sexual assault against a child (see Penal Law § 130.96). The charges stemmed from an investigation into allegations that he had raped a female relative (hereinafter victim 1) (see Penal Law § 130.35 [1] [d]) in 2008 when she was 12 years old and, separately, had engaged in sexual conduct with another relative (hereinafter victim 2) on multiple occasions between 2010 and 2012 when that child was less than 11 years old (see Penal Law § 130.75 [1] [a]). County Court (Carter, J.) denied defendant's subsequent motion to sever the counts of the indictment for trial. Following a jury trial, defendant was convicted as charged, and was later sentenced by Supreme Court (McNally Jr., J.) to consecutive prison terms of 20 years to life on each count.



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Legal issue Was the defendant deprived of a fair trial due to improper testimonies bolstering a witness's credibility and the preclusion of impeachment regarding a prior inconsistent statement?



Key Phrases - Predatory sexual assault against a child - Legally sufficient evidence - Discrepancies between testimonies - Jury's credibility determination - Severance of counts

Affirmed