People v. Gonzalez
Appellate Division of the Supreme Court of the State of New York
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
- People v. ContesNew York Court of Appeals · 1983
- People v. GomezAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by15 opinions
- People v. PerazaAppellate Division of the Supreme Court of the State of New York · 2001
- In re Dakota EE.Appellate Division of the Supreme Court of the State of New York · 1994
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1999
- People v. DehlerAppellate Division of the Supreme Court of the State of New York · 1995
- People v. HodgesAppellate Division of the Supreme Court of the State of New York · 1994
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