PEOPLE v. RODGERS


124 A.D.2d 1003 (1986)

The People of the State of New York, Respondent, v. Alphonso Rodgers, Appellant

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

November 10, 1986


Judgment unanimously affirmed.

Memorandum:

The evidence in the record is sufficient to support the jury's verdict convicting defendant of rape and sodomy. The standard of reasonable resistance is applicable, not that of utmost resistance (see, L 1977, ch 692). Moreover, the error in the sentencing minutes is of no consequence since the minimum sentence is fixed by law at one third of the maximum (Penal Law § 70.02 [3] [a]; [4]). We find no abuse...

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