People v. Flammer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by defendant from a judgment of the County Court, Westchester County (Cowhey, J.), rendered February 28, 1984, convicting him of rape in the first degree and sodomy in the first degree, upon a jury verdict, and imposing sentence.
Judgment affirmed.
Defendant admittedly engaged in sexual intercourse with the complainant and the only question at trial was whether the complainant did so under forcible compulsion. The jury resolved the issue against the defendant and we perceive no basis in the evidence for overturning the jury’s assessment of credibility.
No error was committed in…
2Cases cited5 opinions
- People v. MirendaNew York Court of Appeals · 1969
- People v. DaschAppellate Division of the Supreme Court of the State of New York · 1980
- People v. RandolphAppellate Division of the Supreme Court of the State of New York · 1972
- People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1984
- People v. BlanchardAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by3 opinions
- People v. MartinezAppellate Division of the Supreme Court of the State of New York · 1985
- People v. LouridoAppellate Division of the Supreme Court of the State of New York · 1986
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 1986