By indictment dated September 25, 1975 defendant was charged with rape in the first degree in violation of subdivision 1 of section 130.35 of the Penal Law in that "The defendant, in the Town of Ashland, County of Chemung and State of New York, on or about the 17th day of September, 1975 did by forcible compulsion engage in sexual intercourse with a female who was not married to the defendant". Defendant's first contention is that there was no evidence of "forcible compulsion...
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