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People v. Queener

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 5, 1990
166 A.D.2d 915 (N.Y. App. Div. 1990)

Opinion

October 5, 1990

Appeal from the Supreme Court, Erie County, Marshall, J.

Present — Callahan, J.P., Doerr, Boomer, Green and Balio, JJ.


Judgment unanimously affirmed. Memorandum: The evidence was sufficient to support the conviction of rape in the first degree. The element of forcible compulsion was satisfied by proof of the acts of force that defendant used upon the victim prior to the act of sexual intercourse, including his use of superior physical force in compelling her to engage in oral sodomy. Based on all of the evidence, the jury was entitled to conclude that the act of sexual intercourse was effected through an implied threat that placed the victim in fear of physical injury (see, Penal Law § 130.00).


Summaries of

People v. Queener

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 5, 1990
166 A.D.2d 915 (N.Y. App. Div. 1990)
Case details for

People v. Queener

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM QUEENER…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 5, 1990

Citations

166 A.D.2d 915 (N.Y. App. Div. 1990)
560 N.Y.S.2d 574

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