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PEOPLE v. DORSEY

104 Misc.2d 963 (1980)

The People of the State of New York, Plaintiff, v. Eric Dorsey, Defendant.

Supreme Court, Criminal Term, Bronx County.

June 12, 1980.

Attorney(s) appearing for the Case

Robert J. Saltzman for defendant. Mario Merola, District Attorney (Leonard Angelo of counsel), for plaintiff.

WALTER M. SCHACKMAN, J.

The sole issue to be decided in this motion to dismiss at the end of the People's case is whether or not forcible rape and sodomy have been committed when a woman submits to these acts, without physical resistance on her part, and without an explicit threat by a man with whom she is trapped in an elevator that is stalled between floors.

The defendant in the instant case was...

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