People v. Hill
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: On this appeal from a judgment of conviction, following a jury trial, of rape, sodomy and sexual abuse, defendant contends that there was insufficient evidence of "forcible compulsion” (Penal Law § 130.00 [8]). In a prosecution for sex offenses based upon forcible compulsion, the *853proper focus is on the state of mind produced in the victim by the defendant’s conduct (People v Thompson, 72 NY2d 410, 415-416). Moreover, whether the sexual intercourse was voluntary or the result of forcible compulsion is a question of fact for the jury to determine (see,…
2Cases cited7 opinions
- People v. ThompsonNew York Court of Appeals · 1988
- People v. VicarettiAppellate Division of the Supreme Court of the State of New York · 1976
- People v. YannucciNew York Court of Appeals · 1940
- People v. FloresAppellate Division of the Supreme Court of the State of New York · 1984
- People v. BarberAppellate Division of the Supreme Court of the State of New York · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. AyalaAppellate Division of the Supreme Court of the State of New York · 1997
- People v. McNearAppellate Division of the Supreme Court of the State of New York · 1999
- People v. RozanskiAppellate Division of the Supreme Court of the State of New York · 1994
- Digioia v. SenkowskiDistrict Court, N.D. New York · 1993
- People v. CardonaAppellate Division of the Supreme Court of the State of New York · 1994
3 more not listed; retrieve them via the Exa API.