People v. Dorsey

Appellate Division of the Supreme Court of New York

People v. Dorsey

300 A.D.2d 136, 750 N.Y.S.2d 853, 2002 N.Y. App. Div. LEXIS 12518

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 17, 2002

StatusPublished

Cited by1 cases

This text of 300 A.D.2d 136 (People v. Dorsey) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Dorsey, 300 A.D.2d 136, 750 N.Y.S.2d 853, 2002 N.Y. App. Div. LEXIS 12518 (N.Y. Ct. App. 2002).

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Opinion

—Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered June 11, 1998, convicting defendant, after a jury trial, of two counts each of sodomy in the first and second degrees, and sentencing him to an aggregate term of 102/s to 32 years, unanimously affirmed.

The court’s supplemental instruction was a meaningful response to the jury’s request for a further explanation of the element of forcible compulsion (see People v Malloy, 55 NY2d 296, 301-304, cert denied 459 US 847; People v Steinberg, 170 AD2d 50, 71, affd 79 NY2d 673). Viewing the supplemental instruction as a whole and together with instructions previously given (see People v Coleman, 70 NY2d 817), we conclude [137]*137that the court’s response conveyed the applicable principles of law (see People v Dorsey, 104 Misc 2d 963). In any event, were we to find any error in the supplemental charge, we would find it to be harmless in view of the overwhelming evidence that defendant used physical force to compel the victim to engage in sexual acts (see People v Thompson, 276 AD2d 318, lv denied 96 NY2d 763). Concur — Mazzarelli, J.P., Saxe, Sullivan, Rosenberger and Lerner, JJ.

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—Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered June 11, 1998, convicting defendant, after a jury trial, of two counts each of sodomy in the first and second degrees, and sentencing him to an aggregate term of 102/s to 32 years, unanimously affirmed.

The court’s supplemental instruction was a meaningful response to the jury’s request for a further explanation of the element of forcible compulsion (see People v Malloy, 55 NY2d 296, 301-304, cert denied 459 US 847; People v Steinberg, 170 AD2d 50, 71, affd 79 NY2d 673). Viewing the supplemental instruction as a whole and together with instructions previously given (see People v Coleman, 70 NY2d 817), we conclude [137]*137that the court’s response conveyed the applicable principles of law (see People v Dorsey, 104 Misc 2d 963). In any event, were we to find any error in the supplemental charge, we would find it to be harmless in view of the overwhelming evidence that defendant used physical force to compel the victim to engage in sexual acts (see People v Thompson, 276 AD2d 318, lv denied 96 NY2d 763). Concur — Mazzarelli, J.P., Saxe, Sullivan, Rosenberger and Lerner, JJ.

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Bluebook (online)

300 A.D.2d 136, 750 N.Y.S.2d 853, 2002 N.Y. App. Div. LEXIS 12518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dorsey-nyappdiv-2002.

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