People v. Cobb

Judgment, Supreme Court, Bronx County (Stephen L. Barrett, J.), rendered May 14, 1991, convicting defendant, after a jury trial, of sodomy in the first degree, sodomy in the second degree and attempted rape in the second degree, and sentencing him to concurrent terms of 3 to 9 years, 2 to 6 years and 1 to 3 years, respectively, unanimously affirmed.

The evidence adduced at trial that the complainant, who was 11 years old at the time of the incident, was unable to stand up during the assault because defendant then 23 years old, was lying on top of her was sufficient to establish the "forcible…