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PEOPLE v. HAWKINS

18 A.D.3d 637 (2005)

795 N.Y.S.2d 332

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID HAWKINS, Appellant.

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

May 16, 2005.

Ordered that the order is reversed on the law, without costs or disbursements, and the defendant is reclassified as a level two sex offender.

The People failed to establish by clear and convincing evidence that the defendant used "forcible compulsion" as that term is defined in Penal Law § 130.00 (8) in the commission of the attempted rape of the complainant (see Doe v Pataki, 3 F.Supp.2d 456, 472 [1998]; Correction...

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