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People v. Savage
1989 N.Y. App. Div. LEXIS 9796
| N.Y. App. Div. | 1989
|
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Judgment unanimously affirmed. Memorandum: Defendant contends that the evidence of forcible compulsion was legally insufficient, or, alternatively, that it was against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). We disagree. The jury could reasonably have concluded that the victim submitted to sodomy and sexual abuse on the occasion at issue because defendant threatened her with physical injury (see, Penal Law § 130.00 [8]). We have examined defendant’s other contentions and find that none has merit. (Appeal from judgment of Supreme Court, Erie County, Kubiniec, J. — sodomy, first degree; sexual abuse, first degree.) Present — Doerr, J. P., Den-man, Boomer, Green and Pine, JJ.

Case Details

Case Name: People v. Savage
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jul 12, 1989
Citation: 1989 N.Y. App. Div. LEXIS 9796
Court Abbreviation: N.Y. App. Div.
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