Appellate Division of the Supreme Court of New York, 1987

People v. Fitzgerald

People v. Fitzgerald
Appellate Division of the Supreme Court of New York · Decided April 13, 1987
129 A.D.2d 649; 513 N.Y.S.2d 1020; 1987 N.Y. App. Div. LEXIS 45331
People v. Fitzgerald

Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Nassau County (Delin, *650J.), rendered May 20, 1983, convicting him of rape in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Based on the complainant’s testimony as to the defendant’s use of physical force, the element of "forcible compulsion” (see, Penal Law former § 130.00 [8], as amended by L 1983, ch 449, § 1 [now § 130.00 [8] [a]) was proven beyond a reasonable doubt. Mollen, P. J., Mangano, Eiber and Sullivan, JJ., concur.

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