PEOPLE v. PRICE


5 A.D.3d 117 (2004)

771 N.Y.S.2d 896

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN PRICE, Appellant.

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

March 2, 2004.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility. The element of forcible compulsion required to prove rape, and concomitantly to prove felony murder, was established by extensive evidence of a type closely associated with forcible rape. Defendant's argument that this evidence was consistent with consensual sex, followed by an assault, is not...

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