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PEOPLE v. COLEMAN

42 N.Y.2d 500 (1977)

The People of the State of New York, Respondent, v. Gregory Coleman, Appellant. The People of the State of New York, Respondent, v. David Harvey, Appellant.

Court of Appeals of the State of New York.

Decided October 13, 1977.

Attorney(s) appearing for the Case

Mary McGowan Davis and William E. Hellerstein for Gregory Coleman, appellant.

Lewis R. Friedman and Herman Kaufman for David Harvey, appellant.

Mario Merola, District Attorney (Joyce Marie Andren of counsel), for respondent.

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

WACHTLER, J.

The defendants were convicted, at a jury trial, of robbery in the second degree (Penal Law, § 160.10) and sodomy in the first degree, by "forcible compulsion" (Penal Law, § 130.50, subd 1). The incident occurred at a Bronx housing complex in March of 1973. At that time both of the defendants were 18 years old. On this appeal they claim that (1) the evidence was legally insufficient (2)...

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