People v. Ford

Appellate Terms of the Supreme Court of New York

People v. Ford

75 Misc. 2d 751, 348 N.Y.S.2d 815, 1973 N.Y. Misc. LEXIS 1359

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 24, 1973

StatusPublished

This text of 75 Misc. 2d 751 (People v. Ford) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Ford, 75 Misc. 2d 751, 348 N.Y.S.2d 815, 1973 N.Y. Misc. LEXIS 1359 (N.Y. Ct. App. 1973).

Pincite

Opinion

Per Curiam.

Defendant’s conviction of the crime of endangering the welfare of a child (Penal Law, § 260.10), committed on August 19, 1971, cannot be sustained on the uncorroborated testimony of the complainant since a consummated rape was involved (see People v. Doyle, 31 A D 2d 490; cf. People v. Peters, 26 N Y 2d 774, and cases cited therein; People v. Goldberg, 39 A D 2d 948). In any event, the verbal and physical warning by defendant to complainant after the alleged commission of the ■sexual act, upon which the conviction is specifically predicated, was not alleged in the complaint and, in our opinion, does not constitute a violation of the statute involved.

The judgment of conviction should be unanimously reversed on the law and complaint dismissed.

Groat, P. J., and Rinaldi, J., concur; Schwartzwald, J,, taking no part.

Judgment reversed and complaint dismissed.

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Per Curiam.

Defendant’s conviction of the crime of endangering the welfare of a child (Penal Law, § 260.10), committed on August 19, 1971, cannot be sustained on the uncorroborated testimony of the complainant since a consummated rape was involved (see People v. Doyle, 31 A D 2d 490; cf. People v. Peters, 26 N Y 2d 774, and cases cited therein; People v. Goldberg, 39 A D 2d 948). In any event, the verbal and physical warning by defendant to complainant after the alleged commission of the ■sexual act, upon which the conviction is specifically predicated, was not alleged in the complaint and, in our opinion, does not constitute a violation of the statute involved.

The judgment of conviction should be unanimously reversed on the law and complaint dismissed.

Groat, P. J., and Rinaldi, J., concur; Schwartzwald, J,, taking no part.

Judgment reversed and complaint dismissed.

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Bluebook (online)

75 Misc. 2d 751, 348 N.Y.S.2d 815, 1973 N.Y. Misc. LEXIS 1359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ford-nyappterm-1973.