People v. Udzinski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Bracken, J.
The principal question in this case is whether an error in a jury charge, which the defendant claims constituted a violation of his constitutional right to be tried only upon *247theories charged in the indictment, is reviewable as a matter of law in the absence of a timely objection. We hold that it is not, and affirm the conviction.
"A person is guilty of sexual abuse in the first degree when he subjects another person to sexual contact * * * [b]y forcible compulsion” (Penal Law § 130.65 [1]). The meaning of the term "forcible compulsion” embraces both the concept…
2Cases cited103 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Murray v. CarrierSupreme Court of the United States · 1986
- Delaware v. Van ArsdallSupreme Court of the United States · 1986
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3Cited by1,123 opinions
- Otis Glenn, A/K/A Sammy McBride v. George Bartlett, Superintendent of Elmira Correctional FacilityCourt of Appeals for the Second Circuit · 1996
- People v. SullivanAppellate Division of the Supreme Court of the State of New York · 1990
- In re Marcel F.Appellate Division of the Supreme Court of the State of New York · 1996
- People v. SalimiAppellate Division of the Supreme Court of the State of New York · 1990
- People v. BryantAppellate Division of the Supreme Court of the State of New York · 2007
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