PEOPLE v. GONZALEZ


74 A.D.2d 763 (1980)

The People of the State of New York, Respondent, v. Armando Gonzalez, Appellant

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

March 11, 1980


The evidence clearly establishes that the defendant and the 14-year-old complainant engaged in an act of sodomy on July 30, 1977. Much less persuasive is the evidence with regard to "forcible compulsion," an essential element of the crime of sodomy in the first degree. After a careful review of the record, we are persuaded that the credible evidence did not establish "forcible compulsion" and that the defendant's conviction of sodomy in the first degree was accordingly "against...

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