People v. Fitzgerald

Appellate Division of the Supreme Court of New York

People v. Fitzgerald

129 A.D.2d 649, 513 N.Y.S.2d 1020, 1987 N.Y. App. Div. LEXIS 45331

Procedural entryThis page is a short order in People v. Fitzgerald. Read the opinion of the Court — 157 A.D.2d 666 →

Appellate Division of the Supreme Court of the State of New York·Decided April 13, 1987·Published

Opinion

Appeal by the defendant from a judgment of the County Court, Nassau County (Delin, [650]*650J.), rendered May 20, 1983, convicting him of rape in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Based on the complainant’s testimony as to the defendant’s use of physical force, the element of "forcible compulsion” (see, Penal Law former § 130.00 [8], as amended by L 1983, ch 449, § 1 [now § 130.00 [8] [a]) was proven beyond a reasonable doubt. Mollen, P. J., Mangano, Eiber and Sullivan, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Nassau County (Delin, [650]*650J.), rendered May 20, 1983, convicting him of rape in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Based on the complainant’s testimony as to the defendant’s use of physical force, the element of "forcible compulsion” (see, Penal Law former § 130.00 [8], as amended by L 1983, ch 449, § 1 [now § 130.00 [8] [a]) was proven beyond a reasonable doubt. Mollen, P. J., Mangano, Eiber and Sullivan, JJ., concur.

People v. Fitzgerald, 129 A.D.2d 649, 513 N.Y.S.2d 1020, 1987 N.Y. App. Div. LEXIS 45331 (N.Y. Ct. App. 1987).

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129 A.D.2d 649 (People v. Fitzgerald) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.