Legal Opinion

People v. Hill

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

Decided July 13, 1990PublishedCited by 8 opinions

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

  1. People v. ThompsonNew York Court of Appeals · 1988
  2. People v. VicarettiAppellate Division of the Supreme Court of the State of New York · 1976
  3. People v. YannucciNew York Court of Appeals · 1940
  4. People v. FloresAppellate Division of the Supreme Court of the State of New York · 1984
  5. 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

  1. People v. AyalaAppellate Division of the Supreme Court of the State of New York · 1997
  2. People v. McNearAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. RozanskiAppellate Division of the Supreme Court of the State of New York · 1994
  4. Digioia v. SenkowskiDistrict Court, N.D. New York · 1993
  5. 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.

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