PEOPLE v. SMOLEN


166 A.D.2d 248 (1990)

The People of the State of New York, Respondent, v. Sam Smolen, Appellant

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

October 11, 1990


We find no merit to defendant's claim that the element of "forcible compulsion" (Penal Law § 130.00 [8]) was not established beyond a reasonable doubt. At the trial the victim testified that he was frozen in fear, and that he complied with defendant's requests because he did not want to die. The inquiry must focus on what the victim, observing defendant's conduct, feared defendant would or might do if the victim did not comply with his demands. (People v Thompson...

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