PEOPLE v. AYERS


65 A.D.2d 862 (1978)

The People of the State of New York, Respondent, v. Bernard A. Ayers, Appellant

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

November 16, 1978


Initially, defendant contends that the evidence was not sufficient to establish "forcible compulsion" by defendant or "earnest resistance" by the complainant within the meaning of subdivision 8 of section 130.00 of the Penal Law. We disagree. The attack occurred at midnight in Washington Park in the City of Albany. When first accosted by defendant, the complainant screamed and tried to pull away, but was knocked to the ground and kicked in the face. Thereafter, she was led...

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