Summary
In People v. English (16 N.Y.2d 719) we held that corroboration of assault with intent to commit rape is required when testimony as to an actual rape has been received.
Summary of this case from People v. ReynoldsOpinion
Argued June 7, 1965
Decided July 9, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, SAMUEL S. LEIBOWITZ, J.
Leslie Trager and Anthony F. Marra for appellant.
Aaron E. Koota, District Attorney ( Stanley M. Meyer of counsel), for respondent.
Judgment modified to the extent of reversing the conviction for and dismissing the counts of the indictment relating to the alleged crimes of attempted rape and assault with intent to commit rape on the ground of a lack of the corroboration required by law for such convictions when testimony as to an actual rape has been received; and, as so modified, affirmed (see People v. Lo Verde, 7 N.Y.2d 114).
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS and BERGAN. Judges DYE, BURKE and SCILEPPI dissent and vote to affirm.