People v. Andrus

346 N.E.2d 820, 38 N.Y.2d 925, 382 N.Y.S.2d 981, 1976 N.Y. LEXIS 2365

Opinion

Memorandum. The order should be affirmed.

Of the three elements required to be corroborated under the rigid requirements of the rape statute (former Penal Law, § 130.15), which prevailed at the time the defendant was convicted (see People v Linzy, 31 NY2d 99, 100-101), two of them, penetration and identity, were conceded. The third, "force or lack of consent” (at p 101) was supported by a legally competent, though equivocal, admission sufficient to create a question of fact (United States v Picarelli, 148 F2d 997, 998).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed in memorandum.