Appellate Division of the Supreme Court of New York, 2003

People v. Williams

Appellate Division of the Supreme Court of New York · Decided February 3, 2003

302 A.D.2d 412; 756 N.Y.S.2d 236; 2003 N.Y. App. Div. LEXIS 785

Cases that cite this one

8 later published cases cite this decision.

People v. Borges (Appellate Division of the Supreme Court of New York 2011)
People v. Zarifa (Appellate Division of the Supreme Court of New York 2025)
People v. Diaz (Appellate Division of the Supreme Court of New York 2025)
People v. Kagan (Appellate Division of the Supreme Court of New York 2022)
People v. Dancy (Appellate Division of the Supreme Court of New York 2011)
People v. Dismel (Appellate Division of the Supreme Court of New York 2010)
People v. Kenner (Appellate Division of the Supreme Court of New York 2004)
People v. Russell (Appellate Division of the Supreme Court of New York 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Nassau County (Brown, J.), rendered November 17, 2000, convicting him of sodomy in the first degree and sexual abuse in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

As the People correctly concede, the trial court improperly denied the defendant’s right to fully cross-examine the victim when it prevented questions about a prior inconsistent statement to the effect that she did not believe that the defendant was armed. However, forcible compulsion does not require a finding that a defendant threatened his victim with a weapon. Rather, any application of physical force is sufficient to support such a finding (see Penal Law § 130.00 [8]; People v Ferrer, 209 AD2d 714; People v Thompson, 158 AD2d 563; People v Randall, 86 AD2d 918), as are either verbal or implied threats of physical injury (see Penal Law § 130.00 [8]; People v Williams, 81 NY2d 303; People v Samuel, 239 AD2d 527; People v Miller, 226 AD2d 833; People v McKenzie, 180 AD2d 827; People v Smolen, 166 AD2d 248). Since there was evidence that the defendant used physical force against the victim and threatened to break her neck, while in a position to do so; any error in precluding the testimony as to whether the victim believed that the defendant was armed is harmless beyond a reasonable doubt (see Chapman v California, 386 US 18; Fahy v Connecticut, 375 US 85; People v Crimmins, 36 NY2d 230).

The defendant’s remaining contention is unpreserved for appellate review. Altman, J.P., Smith, McGinity and Townes, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.