Opinion
July 2, 1979
Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered April 22, 1977, convicting him of rape in the first degree, after a nonjury trial, and imposing sentence. Judgment affirmed. Defendant's acquittal on a charge of burglary, allegedly committed in connection with the rape, is not repugnant to his conviction for rape (see Dunn v. United States, 284 U.S. 390; People v. Haymes, 34 N.Y.2d 639; People v. Ramos, 50 A.D.2d 823; People v. Pratts, 50 A.D.2d 937). Damiani, J.P., Suozzi, Margett and Mangano, JJ., concur.