From Casetext: Smarter Legal Research

People v. Walstatter

Court of Appeals of the State of New York
May 7, 1981
53 N.Y.2d 871 (N.Y. 1981)

Opinion

Argued March 31, 1981

Decided May 7, 1981

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ROBERT W. DOYLE, J.

John Joseph Sutter and Ruth C. Balkin for appellant.

Patrick Henry, District Attorney (Gabrielle Weglein of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Although the testimony of the complainant and defendant was in sharp conflict on the issue of forcible compulsion, it cannot be said as a matter of law that the evidence, viewed in a light most favorable to the prosecution, was legally insufficient. Nor did the court abuse its discretion in refusing to allow defendant to use live models for an in-court demonstration. Those of defendant's remaining contentions that are preserved for review have been considered and do not warrant reversal.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed in a memorandum.


Summaries of

People v. Walstatter

Court of Appeals of the State of New York
May 7, 1981
53 N.Y.2d 871 (N.Y. 1981)
Case details for

People v. Walstatter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID WALSTATTER…

Court:Court of Appeals of the State of New York

Date published: May 7, 1981

Citations

53 N.Y.2d 871 (N.Y. 1981)
440 N.Y.S.2d 615
423 N.E.2d 38

Citing Cases

People v. Stancu

Judgment affirmed. While the testimony of defendant and the complainant conflicted on the issue of forcible…

People v. Rosemond

Although the trial court's punishment charge exceeded that which is provided for inCPL 300.10(2) by stating…