PEOPLE v. MARTIN


70 A.D.2d 799 (1979)

The People of the State of New York, Respondent, v. Donald Martin, Appellant

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

June 5, 1979


Unanimously reversed, on the law, the plea vacated and the case remanded for further proceedings.

A person commits the crime of sexual abuse in the first degree when he subjects another person to sexual contact by "forcible compulsion" (Penal Law, § 130.65, subd 1). "Forcible compulsion" is defined as physical force that overcomes earnest resistance; "or a threat, express or implied, that places a person in fear of immediate death or serious physical injury to...

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