People v. Walstatter — 53 N.Y.2d 871

Majority

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The People of the State of New York, Respondent, v David Walstatter, Appellant.

Argued March 31, 1981;

decided May 7, 1981

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APPEARANCES OF COUNSEL

John Joseph Sutter and Ruth C. Balkin for appellant.

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

OPINION OF THE COURT

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,

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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.