Legal Opinion

People v. Dorsey

New York Supreme Court

Decided June 12, 1980PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Walter M. Schackman, J.

The sole issue to be decided in this motion to dismiss at the end of the People’s case is whether or not forcible rape and sodomy have been committed when a woman submits to these *964acts, without physical resistance on her part, and without an explicit threat by a man with whom she is trapped in an elevator that is stalled between floors.

The defendant in the instant case was indicted on charges of rape in the first degree and sodomy in the first degree. Upon the completion of the People’s case, and again upon completion of the entire case, the defense…

2Cases cited5 opinions

  1. Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
  2. People v. ColemanNew York Court of Appeals · 1977
  3. People v. YanikNew York Court of Appeals · 1977
  4. People v. YanikAppellate Division of the Supreme Court of the State of New York · 1977
  5. People v. AllweissAppellate Division of the Supreme Court of the State of New York · 1978

3Cited by11 opinions

  1. People v. DixonAppellate Division of the Supreme Court of the State of New York · 1993
  2. People v. DorseyAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. JacksonCriminal Court of the City of New York · 1981
  4. People v. SotoCriminal Court of the City of New York · 2002
  5. People v. ParbhuCriminal Court of the City of New York · 2002

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