People State New York v. Thomas Paul Kaminski

The order of the Appellate Division should be modified by reversing the conviction of sodomy in the first degree and ordering a new trial as to the second and third counts of the indictment. The trial court erred in its charge to the jury on the definition of forcible compulsion. Although the indictment charged forcible compulsion "by means of physical force which overcame earnest resistance" only, over defendants objection the court erroneously charged that defendant could be found guilty if the jury found either such force or a threat placing the victim in fear of immediate death or physical injury.