PEOPLE v. DAVIS

5658/09, 460, 459.

137 A.D.3d 509 (2016)

26 N.Y.S.3d 474

2016 NY Slip Op 01623

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENDALL DAVIS, Appellant.

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

Decided March 8, 2016.


Defendant's prior conviction in Connecticut for sexual assault in the first degree cannot be considered a predicate felony offense in New York, because Connecticut General Statutes Annotated § 53a-70 (a) (1) is broader than its New York counterparts, Penal Law §§ 130.35 (1), 130.50 (1) and 130.65 (1). The New York statutes prohibit various sexual acts by forcible compulsion, which is defined (among other things) as the use of a threat "which places a person...

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