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PEOPLE v. WALSTATTER

53 N.Y.2d 871 (1981)

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

Court of Appeals of the State of New York.

Decided May 7, 1981.

Attorney(s) appearing for the Case

John Joseph Sutter and Ruth C. Balkin for appellant.

Patrick Henry, District Attorney (Gabrielle Weglein of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Although the testimony of the complainant and defendant was in sharp conflict on the issue of forcible compulsion, it cannot be said as a matter of law that the evidence, viewed in a light most favorable to the prosecution, was legally insufficient. Nor did the court abuse its discretion in refusing to allow...

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