People v. Hayes
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant was convicted following a jury trial of rape in the first degree (Penal Law § 130.35 [1]) and burglary in the second degree (Penal Law § 140.25 [2]) arising from an incident in which defendant pushed an 85-year-old woman into her apartment and raped her. Defendant contends that there was insufficient evidence of penetration to support the conviction of rape. We disagree.
Rape in the first degree is defined in relevant part as engaging in sexual intercourse by forcible compulsion (see, Penal Law § 130.35 [1]). Sexual intercourse “has its…
2Cases cited11 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. CrimminsNew York Court of Appeals · 1975
- People v. BaldiNew York Court of Appeals · 1981
- People v. GonzalezNew York Court of Appeals · 1986
- People v. HobotNew York Court of Appeals · 1995
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. ColemanAppellate Division of the Supreme Court of the State of New York · 2003
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2012
- People v. McKinneyAppellate Division of the Supreme Court of the State of New York · 2003
- People v. JacobsAppellate Division of the Supreme Court of the State of New York · 2007
- People v. NguyenAppellate Division of the Supreme Court of the State of New York · 2017
3 more not listed; retrieve them via the Exa API.