People v. Yanik

Judgment of conviction, Supreme Court, New York County, rendered July 7, 1975, of the crime of rape, first degree, and related crimes, sentencing defendant-appellant to concurrent indeterminate terms of imprisonment not to exceed three years, unanimously reversed, on the facts, and the indictment dismissed. The issue in the case was whether the act of intercourse, which both complainant and defendant agreed had occurred, was consented to or forcibly compelled. We reversed and remanded for a new trial because of asserted errors in the charge (55 AD2d 164). On remittitur, we examine the case…