People v. Dorsey

429 N.Y.S.2d 828 (1980)

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People v. Dorsey

New York State Supreme Court
429 N.Y.S.2d 828 (1980)

SC

Facts

Dorsey (defendant) got onto an elevator with the victim and then stopped the elevator in between floors. He told the victim to take her clothes off and when she did not respond, he repeated his demand. The victim then did so and Dorsey proceeded to rape her in the elevator. Dorsey did not use any force, nor make any express threats. The victim testified that she did not scream because she did not think anyone would be able to help her, or even hear her. Dorsey was 5’7” and over 200 pounds, whereas the victim was only 5’ and 130 pounds. The jury found Dorsey guilty of rape and he filed a motion to dismiss the verdict.

Rule of Law

Issue

Holding and Reasoning (Schackman, J.)

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