People v. Corley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, after a nonjury trial, of coercion in the second degree, as a lesser included offense of rape in the first degree.
The People concede that coercion in the second degree is not a lesser included offense of rape in the first degree (see, People v Greer, 42 NY2d 170; People v Tiedemann, 111 AD2d 280), but note that defendant requested that the court consider coercion as a lesser included offense. By asking for the court’s consideration of coercion as a lesser included offense, defendant waived the error…
2Cases cited5 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. FordNew York Court of Appeals · 1984
- People v. GreerNew York Court of Appeals · 1977
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1983
- People v. TiedemannAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by5 opinions
- People v. GreavesAppellate Division of the Supreme Court of the State of New York · 2003
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2004
- People v. SmallsAppellate Division of the Supreme Court of the State of New York · 1995
- People v. ThurstonAppellate Division of the Supreme Court of the State of New York · 1990
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1999