People v. Gonzague
This text of 250 N.E.2d 874 (People v. Gonzague) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Judgment modified by reversing so much thereof as convicted defendant of three crimes of rape in the first degree, by dismissing the three counts of the indictment charging rape in the first degree and by vacating the sentences imposed thereon, and, as so modified, affirmed. Defendant’s guilt of the crimes of rape in the first degree was not established beyond a reasonable doubt. Defendant was properly convicted of the crimes of sodomy in the first degree, assault in the second degree and illegal possession of a weapon.
Concur: Chief Judge Fuld and Judges Burke, Bergan, Breitel and Jasen. Judge Scileppi dissents in part and votes to affirm as to all counts.
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Cite This Page — Counsel Stack
250 N.E.2d 874, 25 N.Y.2d 867, 303 N.Y.S.2d 881, 1969 N.Y. LEXIS 1115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gonzague-ny-1969.