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

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

DecidedApril 13, 1987

StatusPublished

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

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

129 A.D.2d 649, 513 N.Y.S.2d 1020, 1987 N.Y. App. Div. LEXIS 45331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fitzgerald-nyappdiv-1987.