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PEOPLE v. YANIK

63 A.D.2d 574 (1978)

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

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

May 9, 1978

Unanimously reversed, on the facts, and the indictment dismissed.

The issue in the case was whether the act of intercourse, which both complainant and defendant agreed had occurred, was consented to or forcibly compelled. We reversed and remanded for a new trial because of asserted errors in the charge (55 A.D.2d 164). On remittitur, we examine the case for a second time. On our first examination, we held, without passing judgment...

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