Legal Opinion

People v. Clyburn

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

Decided February 3, 1995PublishedCited by 6 opinions

1Opinion of the Court

—Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant was convicted of two counts of rape in the first degree: sexual intercourse with a female by forcible compulsion (Penal Law § 130.35 [1]) and sexual intercourse with a female who is incapable of consent by reason of being physically helpless (Penal Law § 130.35 [2]). He was also convicted of one count of burglary in the second degree (Penal Law § 140.25 [2]).

We reject defendant’s contention that the proof of forcible compulsion is legally insufficient to sustain the…

2Cases cited8 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. TeicherNew York Court of Appeals · 1981
  4. People v. ColemanNew York Court of Appeals · 1977
  5. People v. Benjamin R.Appellate Division of the Supreme Court of the State of New York · 1984

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. State v. StevensMontana Supreme Court · 2002
  2. State v. BucknellCourt of Appeals of Washington · 2008
  3. State v. BucknellCourt of Appeals of Washington · 2008
  4. People v. ContoAppellate Division of the Supreme Court of the State of New York · 1995
  5. People v. BoyceAppellate Division of the Supreme Court of the State of New York · 2003

1 more not listed; retrieve them via the Exa API.

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