PEOPLE v. GONZALEZ


136 A.D.2d 735 (1988)

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

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

January 25, 1988


Ordered that the judgment is affirmed.

The defendant argues, inter alia, that the prosecution failed to prove forcible compulsion as defined in Penal Law § 130.00 (8) and as required in Penal Law § 130.35 (1) and § 130.50 (1). We disagree. Forcible compulsion can be inferred from the facts leading up to the rape and/or sodomy (see, People v Gomez, 112 A.D.2d 445, lv denied 66 N.Y.2d 919...

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