Legal Opinion

People v. McChesney

Appellate Division of the Supreme Court of the State of New York

Decided April 5, 1990PublishedCited by 6 opinions

1Opinion of the CourtMikoll, J.

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered January 6, 1989, upon a verdict convicting defendant of the crime of sexual abuse in the first degree.

The primary question presented on this appeal is whether, in the absence of a proper objection to the charge or a request to charge otherwise, it was reversible error for County Court to charge that the jury could find forcible compulsion by physical force or threats, express or implied, of physical injury. We conclude that the alleged error was not preserved for appellate review. In any event, based on…

2Cases cited4 opinions

  1. People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
  2. People of State of New York v. GregaNew York Court of Appeals · 1988
  3. People v. ZimmerAppellate Division of the Supreme Court of the State of New York · 1982
  4. People v. RuggAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by6 opinions

  1. People v. HortonAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. RankinAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. GroemmingerAppellate Division of the Supreme Court of the State of New York · 1991
  4. People v. HowardAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. RankinAppellate Division of the Supreme Court of the State of New York · 2014

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