People v. Dorsey case brief summary
429 N.Y.S.2d 828 (1980)
CASE FACTS
Defendant was indicted on charges of rape and sodomy. Upon completion of the case, defendant moved for an order of dismissal pursuant to N.Y. Crim. Proc. Law § 290.10. Defendant claimed that plaintiff failed to present sufficient evidence upon which the jury could find beyond a reasonable doubt that defendant committed the crimes charged. The facts indicated that while in an elevator with complainant, defendant stalled the elevator, and demanded intercourse and sodomy. Complainant submitted without resistance and without an explicit threat from defendant.
DISCUSSION
CONCLUSION
The court denied defendant's motion, concluding that plaintiff presented sufficient evidence from which the jury could conclude beyond a reasonable doubt that defendant engaged in forcible rape and sodomy with complainant by means of forcible compulsion, in that he used physical force capable of overcoming the complainant's resistance, and he created an implied threat of harm.
Recommended Supplements for Criminal Law
429 N.Y.S.2d 828 (1980)
CASE SYNOPSIS
After completion of a case against
defendant for charges of rape and sodomy in the first degrees,
defendant moved for an order of dismissal pursuant to N.Y. Crim.
Proc. Law § 290.10. Defendant claimed that plaintiff failed to
present sufficient evidence upon which the jury could find beyond a
reasonable doubt that defendant committed the crimes charged.CASE FACTS
Defendant was indicted on charges of rape and sodomy. Upon completion of the case, defendant moved for an order of dismissal pursuant to N.Y. Crim. Proc. Law § 290.10. Defendant claimed that plaintiff failed to present sufficient evidence upon which the jury could find beyond a reasonable doubt that defendant committed the crimes charged. The facts indicated that while in an elevator with complainant, defendant stalled the elevator, and demanded intercourse and sodomy. Complainant submitted without resistance and without an explicit threat from defendant.
DISCUSSION
- The court denied defendant's motion, concluding that plaintiff presented sufficient evidence from which the jury could conclude beyond a reasonable doubt that defendant engaged in sexual acts with complainant by means of forcible compulsion, in that he used physical force capable of overcoming her resistance, and he created an implied threat of harm.
- The court explained that there was an implicit threat of harm in light of the fact that complainant was trapped with defendant, who outweighed her by 70 pounds.
- Furthermore, the court held that defendant's stalling of the elevator was a physical act directed against complainant.
CONCLUSION
The court denied defendant's motion, concluding that plaintiff presented sufficient evidence from which the jury could conclude beyond a reasonable doubt that defendant engaged in forcible rape and sodomy with complainant by means of forcible compulsion, in that he used physical force capable of overcoming the complainant's resistance, and he created an implied threat of harm.
Recommended Supplements for Criminal Law
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