PEOPLE v. GREER


49 A.D.2d 297 (1975)

The People of the State of New York, Respondent, v. Philip Greer, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 6, 1975


Attorney(s) appearing for the Case

Nathaniel A. Barrell (Rosalie M. Stoll of counsel), for appellant.

Edward C. Cosgrove, District Attorney (John Defranks of counsel), for respondent.

MAHONEY and GOLDMAN, JJ., concur with WITMER, J.; SIMONS, J., and MOULE, J. P., concur in opinion by SIMONS, J.


WITMER, J.

The principal question presented for review on this appeal is whether the court erred in denying defendant's request that it charge the jury that they could find him guilty of coercion in the second degree as a lesser included crime of rape in the first degree. We conclude that upon the facts in this case the court should have so charged.

In July, 1974 complainant was 26 years old, employed...

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