Legal Opinion

People v. Yeaden

Appellate Division of the Supreme Court of the State of New York

Decided December 12, 1989PublishedCited by 23 opinions

1Opinion of the Court

Judgment of the Supreme Court, Bronx County (Frank Diaz, J.), rendered on November 18, 1987, convicting defendant, after a jury trial, of two counts of rape in the first degree, and sentencing him to two concurrent, indeterminate terms of imprisonment of 81/? to 25 years, is unanimously affirmed.

The evidence at trial showed that the defendant used his superior age, size and strength to pull his nine-year-old daughter down onto his bed and have sexual intercourse with her under circumstances in which she could not get away. The People’s proof of forcible compulsion (Penal Law § 130.35 [1]) is…

2Cases cited4 opinions

  1. People v. SandovalNew York Court of Appeals · 1974
  2. People v. FullerNew York Court of Appeals · 1980
  3. People v. ScottAppellate Division of the Supreme Court of the State of New York · 1986
  4. People v. DerrickAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by23 opinions

  1. People v. ColfAppellate Division of the Supreme Court of the State of New York · 2001
  2. People v. DehlerAppellate Division of the Supreme Court of the State of New York · 1995
  3. People v. HodgesAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. BessetteAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. JimenezNew York Supreme Court · 1998

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