People v. Payne

Appellate Division of the Supreme Court of New York

People v. Payne

67 A.D.2d 934, 412 N.Y.S.2d 1015, 1979 N.Y. App. Div. LEXIS 10702

Appellate Division of the Supreme Court of the State of New York·Decided February 5, 1979·Published·Cited by 1 cases

Opinion

— Appeal by defendant from a judgment of the Supreme Court, Westchester County, rendered December 28, 1976, convicting him of rape in the first degree, sodomy in the first degree and burglary in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the facts, indictment dismissed, and case remitted to the Supreme Court, Westchester County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. In our opinion the guilt of defendant was not established beyond a reasonable doubt. O’Connor, J. P., Rabin, Gulotta and Shapiro, JJ., concur.

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— Appeal by defendant from a judgment of the Supreme Court, Westchester County, rendered December 28, 1976, convicting him of rape in the first degree, sodomy in the first degree and burglary in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the facts, indictment dismissed, and case remitted to the Supreme Court, Westchester County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. In our opinion the guilt of defendant was not established beyond a reasonable doubt. O’Connor, J. P., Rabin, Gulotta and Shapiro, JJ., concur.

People v. Payne, 67 A.D.2d 934, 412 N.Y.S.2d 1015, 1979 N.Y. App. Div. LEXIS 10702 (N.Y. Ct. App. 1979).

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Opinion

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