People v. Hodges

In People v. Hodges, 204 A.D.2d 739, 612 N.Y.S.2d 420 (2nd Dept. 1994) in rejecting a challenge to the jury's finding on the element of "forcible compulsion", the court specifically cited the reason the complainant did not cry out for help in the court's assessment of whether "forcible compulsion" was used. The Hodges court pointed to the complainant's testimony that "she did not cry out because she feared getting into trouble if she awakened the only other persons in the apartment at the time of these incidents, who were young children." (Hodges, id, at 739.)