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PEOPLE v. ATKINSON

116 A.D.2d 584 (1986)

The People of the State of New York, Respondent, v. Anthony Atkinson, Appellant

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

January 13, 1986

Judgment affirmed.

The trial court properly refused defendant's request to charge the jury on the earnest resistance definition of forcible compulsion (Penal Law § 130.00 [8]). The act of sodomy for which defendant was convicted did not occur prior to the July 1982 amendment of the statute defining forcible compulsion (see, People v Argibay, 45 N.Y.2d 45, cert denied...

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