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PEOPLE v. YANIK

43 N.Y.2d 97 (1977)

The People of the State of New York, Appellant, v. David Yanik, Respondent.

Court of Appeals of the State of New York.

Decided November 21, 1977.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Richard M. Seltzer and Peter L. Zimroth of counsel), for appellant.

Carol Berkman and William E. Hellerstein for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.

JONES, J.

On trial for rape, defendant requested a charge that "[t]o be guilty of rape in the first degree the victim must oppose the perpetrator to the utmost limit of her power by genuine and active resistance". The trial court declined the request and instructed the jury by reading the relevant provisions of subdivision 1 of section 130.35 and of subdivision 8 of section 130.00 of the Penal Law and then added...

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