People v. Anthony

Appellate Division of the Supreme Court of New York

People v. Anthony

268 A.D. 805, 48 N.Y.S.2d 620, 1944 N.Y. App. Div. LEXIS 3559

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 3, 1944

StatusPublished

This text of 268 A.D. 805 (People v. Anthony) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Anthony, 268 A.D. 805, 48 N.Y.S.2d 620, 1944 N.Y. App. Div. LEXIS 3559 (N.Y. Ct. App. 1944).

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Opinion

Appeal by defendant-appellant from a judgment of conviction for violation of section 2010 of the Penal Law, namely, the crime of rape in the first degree. There is ample credible evidence to support the jury’s verdict of guilty, as charged in the indictment, and the judgment of conviction should be affirmed. Judgment of conviction affirmed. All concur, except Bliss, J., who dissents in the following memorandum: The trial court should have charged as requested by defendant with regard to complainant’s pregnancy being no corroboration of the crime. (People v. Whitson, 195 App. Div. 910, affd. on dissenting opinion of Cochrane, J., below, 234 N. Y. 517.) Also the proof shows that at most defendant was guilty of second degree rape only.

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Appeal by defendant-appellant from a judgment of conviction for violation of section 2010 of the Penal Law, namely, the crime of rape in the first degree. There is ample credible evidence to support the jury’s verdict of guilty, as charged in the indictment, and the judgment of conviction should be affirmed. Judgment of conviction affirmed. All concur, except Bliss, J., who dissents in the following memorandum: The trial court should have charged as requested by defendant with regard to complainant’s pregnancy being no corroboration of the crime. (People v. Whitson, 195 App. Div. 910, affd. on dissenting opinion of Cochrane, J., below, 234 N. Y. 517.) Also the proof shows that at most defendant was guilty of second degree rape only.

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Bluebook (online)

268 A.D. 805, 48 N.Y.S.2d 620, 1944 N.Y. App. Div. LEXIS 3559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-anthony-nyappdiv-1944.

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