People v. Goettel

Appellate Division of the Supreme Court of New York

People v. Goettel

252 A.D. 783, 299 N.Y.S. 85, 1937 N.Y. App. Div. LEXIS 6281

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

DecidedOctober 22, 1937

StatusPublished

This text of 252 A.D. 783 (People v. Goettel) 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. Goettel, 252 A.D. 783, 299 N.Y.S. 85, 1937 N.Y. App. Div. LEXIS 6281 (N.Y. Ct. App. 1937).

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Opinion

Judgment of the Court of Special Sessions of the City of New York, Borough of Queens, convicting defendant of the crime of assault in the third degree reversed on the law, information dismissed, and the amount of the fine directed to be refunded. We are of opinion that the guilt of the defendant was not established beyond a reasonable doubt. Further, we are of opinion that, assuming the testimony of the complaining witness to be true, the People failed to prove the crime of assault in that there is no adequate proof that the complainant resisted or repulsed the advances made by the defendant, and, therefore, it must be assumed that she assented thereto. This rule of law does not apply to persons of immature age. (People v. Colletta, 65 App. Div. 570; affd., 169 N. Y. 609; People v. Gibson, 232 id. 458.) Hagarty, Johnston, Taylor and Close, JJ., concur; Davis, J., dissents and votes to affirm.

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Judgment of the Court of Special Sessions of the City of New York, Borough of Queens, convicting defendant of the crime of assault in the third degree reversed on the law, information dismissed, and the amount of the fine directed to be refunded. We are of opinion that the guilt of the defendant was not established beyond a reasonable doubt. Further, we are of opinion that, assuming the testimony of the complaining witness to be true, the People failed to prove the crime of assault in that there is no adequate proof that the complainant resisted or repulsed the advances made by the defendant, and, therefore, it must be assumed that she assented thereto. This rule of law does not apply to persons of immature age. (People v. Colletta, 65 App. Div. 570; affd., 169 N. Y. 609; People v. Gibson, 232 id. 458.) Hagarty, Johnston, Taylor and Close, JJ., concur; Davis, J., dissents and votes to affirm.

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Bluebook (online)

252 A.D. 783, 299 N.Y.S. 85, 1937 N.Y. App. Div. LEXIS 6281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-goettel-nyappdiv-1937.

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