Legal Opinion
People v. Yanik
New York Court of Appeals
Decided November 21, 1977PublishedCited by 25 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
On trial for rape, defendant requested a charge that "[t]o be guilty of rape in the first degree the victim must oppose the perpetrator to the utmost limit of her power by genuine and active resistance”. The trial court declined the request and instructed the jury by reading the relevant provisions of subdivision 1 of section 130.35 and of subdivision 8 of section 130.00 of the Penal Law and then added the following explanation of "forcible compulsion”: "Obviously the degree of force required to place somebody in fear will vary with the person involved. It may…
2Cases cited7 opinions
- State v. NeilIdaho Supreme Court · 1907
- Spilman v. Thomasson's LesseeTennessee Supreme Court · 1850
- State v. DizonHawaii Supreme Court · 1964
- State v. RobertsUtah Supreme Court · 1937
- State v. HorneUtah Supreme Court · 1961
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- People v. Lam Lek ChongNew York Court of Appeals · 1978
- State v. Russell G. JonesIdaho Supreme Court · 2013
- In re David M.New York City Family Court · 1978
- People v. ValerioAppellate Division of the Supreme Court of the State of New York · 1978
- People v. DorseyNew York Supreme Court · 1980
20 more not listed; retrieve them via the Exa API.