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PEOPLE v. RANDALL

86 A.D.2d 918 (1982)

The People of the State of New York, Respondent, v. Jeffrey A. Randall, Appellant

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

February 18, 1982

We are again called upon to determine whether the evidence at trial of a defendant charged with rape, sodomy and sexual abuse was sufficient to prove "forcible compulsion" by the defendant or "earnest resistance" by the complainant, within the meaning of subdivision 8 of section 130.00 of the Penal Law. The attack occurred around midnight in a pickup truck on a sparcely populated road after complainant, a student, had hitchhiked...

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