People v. Fogler

Appellate Division of the Supreme Court of New York

People v. Fogler

45 A.D.2d 909, 358 N.Y.S.2d 1021, 1974 N.Y. App. Div. LEXIS 4340

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

DecidedJuly 25, 1974

StatusPublished

This text of 45 A.D.2d 909 (People v. Fogler) 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. Fogler, 45 A.D.2d 909, 358 N.Y.S.2d 1021, 1974 N.Y. App. Div. LEXIS 4340 (N.Y. Ct. App. 1974).

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Opinion

Judgment, County Court, Clinton County, rendered on October 15, 1973, affirmed. No opinion. Staley, Jr., J. P., Sweeney, Main and

Reynolds, JJ., concur; Greenblott, J., dissents and votes to reverse in the following memorandum: Greenblott, J. (dissenting). I dissent. While the alleged victim’s upset - appearance and statement immediately subsequent to the commission of the alleged sexual assault may be considered as corroborative of the defendant’s use of force, the record contains no evidence whatsoever, medical or otherwise, tending to corroborate any sexual contact between defendant and complainant. I am, therefore, constrained under the authority of People v. Thompson (30 N Y 2d 971) to vote to reverse the present conviction.

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Judgment, County Court, Clinton County, rendered on October 15, 1973, affirmed. No opinion. Staley, Jr., J. P., Sweeney, Main and

Reynolds, JJ., concur; Greenblott, J., dissents and votes to reverse in the following memorandum: Greenblott, J. (dissenting). I dissent. While the alleged victim’s upset - appearance and statement immediately subsequent to the commission of the alleged sexual assault may be considered as corroborative of the defendant’s use of force, the record contains no evidence whatsoever, medical or otherwise, tending to corroborate any sexual contact between defendant and complainant. I am, therefore, constrained under the authority of People v. Thompson (30 N Y 2d 971) to vote to reverse the present conviction.

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Bluebook (online)

45 A.D.2d 909, 358 N.Y.S.2d 1021, 1974 N.Y. App. Div. LEXIS 4340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fogler-nyappdiv-1974.