People v. Gillis

OPINION OF THE COURT

Duncan S. McNab, J.

Upon a jury trial, defendant was found guilty of the crime of rape in the first degree, by forcible compulsion. Prior to summation, defendant requested, and the court denied, certain *44"downcharges”, to wit, sexual misconduct, harassment, and assault in the third degree. The law is clear that the first two of these are not lesser included offenses of rape in the first degree. (See, with respect to sexual misconduct, People v McEaddy, 30 NY2d 519; People v Simms, 58 AD2d 720; and see, with respect to harassment, People v Moyer, 27 NY2d 252.) On the other…