People v. Botteri

— Judgment, Supreme Court, New York County, rendered on November 20, 1974, after a jury trial, convicting defendant of the crimes of rape in the first degree, sexual abuse in the first degree and sodomy in the first degree, unanimously reversed, on the law, and on the facts and a new trial directed. In this close case the critical issue which the jury was called upon to resolve was that of consent. On two occasions, about seven hours apart, the jury inquired as to the "Definition of earnest and reasonable resistance and degree of same”, and "What constitutes earnest resistance? How much…