People v. Green
Opinion of the Court
— Appeal from a judgment of the County Court of Che-mung County, rendered March 25, 1977, upon a verdict convicting defendant of the crime of sexual abuse in the first degree. While the complainant’s testimony in this case could have been considered by a jury as essentially leading the defendant on to a point of sexual aggressiveness, the evidence is such as to constitute proof beyond a reasonable doubt of the crime of sexual abuse in the first degree. Accordingly, the contention of the defendant as to a failure of proof of a forcible compulsion is not established (see People v Ayers, 65 AD2d 862). Furthermore, the defendant’s contention that the trial court abused its discretion in refusing to preclude the prosecution from cross-examination of defendant as to a prior conviction of menacing (People v Sandoval, 34 NY2d 371) is not well founded (People v Duffy, 36 NY2d 258, 262, 264). The defendant did not present any evidence at the hearing on this question to indicate that the underlying facts of the prior conviction were similar to the instant case. The intentional aspect of menacing (Penal Law, § 120.15) would tend to affect credibility as a deliberate disregard of other people’s rights. Finally, the defendant contends that the court erred in not charging the offense of menacing (Penal Law, § 120.15) as a lesser offense of the crime charged. CPL 300.50 (subd 1) empowers the court with the discretion to charge a lesser included offense "if there is a reasonable view of the evidence which would support a finding that the defendant committed such lesser offense but did not commit the greater”. The rule is well established that upon request by a party, the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.