People v. McKinley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The evidence was legally sufficient to support the verdict. In ascertaining the sufficiency of the proof of the element of forcible compulsion, it is the victim’s perceptions that govern (People v Coleman, 42 NY2d 500, 505-506), and given the marked discrepancy in size and strength between the 11-year-old victim and the defendant, the trier of fact could have reasonably found that the forceful pushing and restraining of the victim by the defendant constituted an implied threat that placed the victim in fear of serious injury (see, People v Bermudez, 109 AD2d 674).
Moreover, the court’s clear…
2Cases cited10 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- People v. ColemanNew York Court of Appeals · 1977
- People v. BrownNew York Court of Appeals · 1969
- People v. ReyesAppellate Division of the Supreme Court of the State of New York · 1986
- People v. LombardiAppellate Division of the Supreme Court of the State of New York · 1980
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1992
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1987
- People v. SirnoAppellate Division of the Supreme Court of the State of New York · 1989
- People v. EldridgeAppellate Division of the Supreme Court of the State of New York · 1989
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 1991
8 more not listed; retrieve them via the Exa API.