AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

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

Mikoll, J.P.

Defendant concedes sexual contact and attempted sexual intercourse with the 13-year-old victim. However, he challenges his conviction of attempted rape in the first degree and sexual abuse in the first degree on the ground that the necessary element of forcible compulsion was not proven as to either crime.

We disagree. Defendant confronted the victim in the back of his van and when she refused his order to lie down and take off her clothes, he pushed her down, lay on top of her and pulled her clothes down. The victim's testimony, if believed, was sufficient to prove forcible compulsion (see, People v Sargeant, 128 A.D.2d 914, 915). Her testimony was also supported by her sister, who in large part corroborated what the victim testified to. This testimony also established the element of forcible compulsion (see, People v Roman, 179 A.D.2d 352, lv denied 79 N.Y.2d 952).

Levine, Crew III, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.

Use AI to get other relevant cases.

Comments

PEOPLE v. WILSON
(Apr 15, 1993)