New York Court of Appeals

The People of the State of New York v. Thomas Paul Kaminski

February 15, 198358 N.Y.2d 886

Summary

The Court of Appeals reversed the first‑degree sodomy conviction and ordered a new trial on the second and third counts because the trial court gave an erroneous jury charge on forcible compulsion; it affirmed the remainder of the order despite finding the Appellate Division’s reliance on Payton’s non‑retroactivity erroneous, holding the defendant’s affidavit insufficient to support a motion to suppress.