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PEOPLE v. CALABRO

157 A.D.2d 736 (1990)

The People of the State of New York, Respondent, v. Pasquale Calabro, Appellant

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

January 16, 1990

Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).

The defendant contends that the People failed to prove that he engaged in sexual intercourse with the complainant by "forcible compulsion", as defined in Penal Law § 130.00 (8) and as required by Penal Law § 130.35 (1). However, viewing the evidence in the...

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