People v. Dozier

Main, J. (dissenting). I respectfully dissent. The history of and the need for change in the relevant statutes are well set forth in People v Dorsey (104 Misc 2d 963) and the Legislature clearly expressed its intent in the preamble of the amendment in which it was decreed that: “it is the legislature’s intention to modify the resistance requirement in the definition of forcible compulsion so that the victim need only offer so much resistance as is reasonable under the circumstances” (L 1977, ch 692, § 1; emphasis added). Subdivision 8 of section 130.00 of the Penal Law, as amended, in…