Legal Opinion

People v. Tirado

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

Decided April 28, 1995No. Appeal No. 1PublishedCited by 6 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of attempted sodomy in the first degree, attempted sexual abuse in the first degree and sexual abuse in the third degree, defendant contends that Supreme Court erred in denying his motion to withdraw his plea. We reject his contention that, because he did not understand the meaning of the term "forcible compulsion”, his plea *1045was not knowingly and intentionally entered. With respect to sexual abuse in the third degree, forcible compulsion is not an element of that crime (see, Penal Law § 130.55). With respect…

2Cases cited4 opinions

  1. People v. AllenNew York Court of Appeals · 1993
  2. People v. GriggsAppellate Division of the Supreme Court of the State of New York · 1993
  3. People v. LopezAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. GouldAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by6 opinions

  1. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1996
  2. People v. ZimmermanAppellate Division of the Supreme Court of the State of New York · 1995
  3. People v. OrtizAppellate Division of the Supreme Court of the State of New York · 1996
  4. Plato v. MorrisseyDistrict Court, W.D. New York · 2009
  5. People v. DillardAppellate Division of the Supreme Court of the State of New York · 1999

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