People v. Ayers
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from a judgment of the County Court of Albany County, rendered September 29, 1977, upon a verdict convicting defendant of the crimes of rape in the first degree and sodomy in the first degree. Initially, defendant contends that the evidence was not sufficient to establish "forcible compulsion” by defendant or "earnest resistance” by the complainant within the meaning of subdivision 8 of section 130.00 of the Penal Law. We disagree. The attack occurred at midnight in Washington Park in the City of Albany. When first accosted by defendant, the complainant screamed and tried to pull away,…
2Cases cited9 opinions
- Kirby v. IllinoisSupreme Court of the United States · 1972
- People v. BlakeNew York Court of Appeals · 1974
- People v. VicarettiAppellate Division of the Supreme Court of the State of New York · 1976
- People v. YannucciNew York Court of Appeals · 1940
- People v. BercumeAppellate Division of the Supreme Court of the State of New York · 1972
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1985
- People v. RandallAppellate Division of the Supreme Court of the State of New York · 1982
- People v. FloresAppellate Division of the Supreme Court of the State of New York · 1984
- People v. BlackwellAppellate Division of the Supreme Court of the State of New York · 1991
- People v. CookAppellate Division of the Supreme Court of the State of New York · 1988
2 more not listed; retrieve them via the Exa API.