PEOPLE v. ENCARNACION


25 A.D.3d 491 (2006)

809 N.Y.S.2d 12

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX ENCARNACION, Appellant.

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

January 26, 2006.


The court properly permitted one of the victims to testify that defendant showed her a gun and said he would kill anyone who "mess[ed] with him." The testimony was relevant to the forcible compulsion element of first-degree rape and first-degree sodomy (see Penal Law § 130.35 [1]; § 130.50 [1]). Although the People had other evidence of forcible compulsion, they "were not bound to stop after presenting minimum evidence...

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