In this close case the critical issue which the jury was called upon to resolve was that of consent. On two occasions, about seven hours apart, the jury inquired as to the "Definition of earnest and reasonable resistance and degree of same", and "What constitutes earnest resistance? How much resistance is considered earnest resistance". The trial court erred in merely rereading to the jury subdivision 8 of section 130.00 of the Penal Law and that portion of his original charge...
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