Legal Opinion

People v. Gonzalez

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

Decided January 25, 1988PublishedCited by 15 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Slavin, J.), rendered April 22, 1986, convicting him of rape in the first degree and sodomy in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant argues, inter alia, that the prosecution failed to prove forcible compulsion as defined in Penal Law § 130.00 (8) and as required in Penal Law § 130.35 (1) and § 130.50 (1). We disagree. Forcible compulsion can be inferred from the facts leading up to the rape and/or sodomy (see, People v Gomez, 112…

2Cases cited2 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. GomezAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by15 opinions

  1. People v. PerazaAppellate Division of the Supreme Court of the State of New York · 2001
  2. In re Dakota EE.Appellate Division of the Supreme Court of the State of New York · 1994
  3. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1999
  4. People v. DehlerAppellate Division of the Supreme Court of the State of New York · 1995
  5. People v. HodgesAppellate Division of the Supreme Court of the State of New York · 1994

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