PEOPLE v. WASHINGTON


163 A.D.2d 20 (1990)

The People of the State of New York, Respondent, v. Rennie Washington, Appellant

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

July 3, 1990


Defendant's claim that the evidence was insufficient because there was no proof of an assault to establish the element of forcible compulsion (Penal Law § 130.35 [1]) is without merit. "Forcible compulsion" means to compel either by the use of physical force or a threat, express or implied, which places a person in fear of immediate death or physical injury (Penal Law § 130.00 [8]). Viewing the evidence in a light most favorable to the People, we find that a rational...

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