People v. Mitchell

71 A.D.2d 609, 418 N.Y.S.2d 130, 1979 N.Y. App. Div. LEXIS 12821
Appellate Division of the Supreme Court of the State of New York·Decided July 2, 1979·Published·Cited by 1 cases

Opinion

—Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered April 22, 1977, convicting him of rape in the first degree, after a nonjury trial, and imposing sentence. Judgment affirmed. Defendant’s acquittal on a charge of burglary, allegedly committed in connection with the rape, is not repugnant to his conviction for rape (see Dunn v United States, 284 US 390; People v Haymes, 34 NY2d 639; People v Ramos, 50 AD2d 823; People v Pratts, 50 AD2d 937). Damiani, J. P., Suozzi, Margett and Mangano, JJ., concur.

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People v. Mitchell, 71 A.D.2d 609, 418 N.Y.S.2d 130, 1979 N.Y. App. Div. LEXIS 12821 (N.Y. Ct. App. 1979).

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