People v. Patterson

Appellate Division of the Supreme Court of New York

People v. Patterson

51 A.D.2d 561, 378 N.Y.S.2d 736, 1976 N.Y. App. Div. LEXIS 10819

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

DecidedJanuary 19, 1976

StatusPublished

This text of 51 A.D.2d 561 (People v. Patterson) 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. Patterson, 51 A.D.2d 561, 378 N.Y.S.2d 736, 1976 N.Y. App. Div. LEXIS 10819 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered August 24, 1972, convicting him of robbery in the third degree, rape in the first degree and burglary in the third degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing defendant’s conviction of rape in the first degree and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. In our opinion, the corroboration of the rape required under the statute then in effect (Penal Law, § 130.15) was insufficient with respect to the identification of the defendant. The other evidence in the record amply sustains the convictions of robbery in the third degree and burglary in the third degree. No prejudicial error resulted from the prosecution’s failure to produce fingerprint photographs since they had been received in evidence and testimony was adduced that the lifted fingerprints were not those of the defendant. Rabin, Acting P. J., Hopkins, Latham, Margett and Christ, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered August 24, 1972, convicting him of robbery in the third degree, rape in the first degree and burglary in the third degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing defendant’s conviction of rape in the first degree and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. In our opinion, the corroboration of the rape required under the statute then in effect (Penal Law, § 130.15) was insufficient with respect to the identification of the defendant. The other evidence in the record amply sustains the convictions of robbery in the third degree and burglary in the third degree. No prejudicial error resulted from the prosecution’s failure to produce fingerprint photographs since they had been received in evidence and testimony was adduced that the lifted fingerprints were not those of the defendant. Rabin, Acting P. J., Hopkins, Latham, Margett and Christ, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

51 A.D.2d 561, 378 N.Y.S.2d 736, 1976 N.Y. App. Div. LEXIS 10819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-patterson-nyappdiv-1976.