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People v. Watson

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 31, 1968
30 A.D.2d 1047 (N.Y. App. Div. 1968)

Opinion

October 31, 1968

Appeal from the Erie County Court.

Present — Goldman, J.P., Del Vecchio, Marsh, Witmer and Henry, JJ.


Judgment unanimously reversed on the law and facts and indictment dismissed. Memorandum: Defendant was indicted for first degree rape and second degree assault. At the conclusion of the People's case the court dismissed the count for rape on the ground of lack of corroboration, but denied the motion to dismiss the indictment for assault, and defendant duly excepted. There was no corroboration of the claimant's testimony of the rape, and there was not even evidence of a simple assault preceding the alleged rape. It was error, therefore, to deny defendant's motion for dismissal of the assault charge ( People v. Young Goree, 22 N.Y.2d 785; People v. Radunovic, 21 N.Y.2d 186; People v. English, 16 N.Y.2d 719).


Summaries of

People v. Watson

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 31, 1968
30 A.D.2d 1047 (N.Y. App. Div. 1968)
Case details for

People v. Watson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIJAH WATSON…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 31, 1968

Citations

30 A.D.2d 1047 (N.Y. App. Div. 1968)