Legal Opinion

People v. Yannucci

New York Court of Appeals

Decided July 24, 1940PublishedCited by 36 opinions

1Opinion of the CourtConway, J.

Six defendants were tried for the crime of rape, first degree, upon an indictment which charged the commission of the crime upon complainant “ when her resistance was prevented by fear of immediate and great bodily harm, which she had reasonable cause to believe would be inflicted upon her.” (Italics supplied.) The complainant testified that she offered no further resistance after the appearance of three of the defendants other than Yannucci; that she realized she could not get away; that she was completely paralysed, speechless and numb. One defendant did not appeal.

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2Cases cited4 opinions

  1. Baccio v. . the PeopleNew York Court of Appeals · 1869
  2. People of the State of N.Y. v. . DohringNew York Court of Appeals · 1874
  3. People v. TerwilligerNew York Supreme Court · 1893
  4. People v. MarinoNew York Court of Appeals · 1936

3Cited by36 opinions

  1. People v. TasNew York Court of Appeals · 1980
  2. People v. FlorioNew York Court of Appeals · 1950
  3. State v. RuskCourt of Appeals of Maryland · 1981
  4. People v. VicarettiAppellate Division of the Supreme Court of the State of New York · 1976
  5. People v. CorderoAppellate Division of the Supreme Court of the State of New York · 1999

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