People v. Yanus

— Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered July 2, 1981, upon a verdict convicting defendant of the crime of rape in the third degree. As a result of an incident which occurred at approximately 12:00 p.m. on February 11, 1981 at 553 Joslin Apartments in the City of Watervliet, County of Albany, wherein defendant, inter alia, allegedly engaged in sexual intercourse with a 15-year-old girl while using forcible compulsion, defendant was indicted on one count of rape in the first degree, a class B felony (Penal Law, § 130.35, subd 1), one count of sexual…