PEOPLE v. QUEENER


166 A.D.2d 915 (1990)

The People of the State of New York, Respondent, v. William Queener, Appellant

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

October 5, 1990


Judgment unanimously affirmed.

Memorandum:

The evidence was sufficient to support the conviction of rape in the first degree. The element of forcible compulsion was satisfied by proof of the acts of force that defendant used upon the victim prior to the act of sexual intercourse, including his use of superior physical force in compelling her to engage in oral sodomy. Based on all of the evidence, the jury was entitled to conclude that the act of sexual intercourse...

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