People v. Joon Ho Chin

OPINION OF THE COURT

Randall T. Eng, J.

Defendant, relying on the doctrine of collateral estoppel, *455moves to preclude the People from introducing evidence that he used physical force to effect the alleged rape of complainant in this action.

The defendant was indicted, inter alia, for two counts of rape in the first degree, rape by forcible compulsion (Penal Law § 130.35 [1]) and rape of a physically helpless person (Penal Law § 130.35 [2]) arising out of an incident that allegedly occurred on October 15, 1997 at a Queens motel. At the first trial, the jury acquitted defendant of forcible rape,…