People v. Pender

Appellate Division of the Supreme Court of New York

People v. Pender

24 A.D.2d 939, 265 N.Y.S.2d 578, 1965 N.Y. App. Div. LEXIS 2840

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

DecidedDecember 9, 1965

StatusPublished

This text of 24 A.D.2d 939 (People v. Pender) 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. Pender, 24 A.D.2d 939, 265 N.Y.S.2d 578, 1965 N.Y. App. Div. LEXIS 2840 (N.Y. Ct. App. 1965).

Pincite

Opinion

Judgment convicting defendant of the crimes of robbery, second degree and assault, second degree, unanimously modified, on the law and on the facts, to the extent of reversing the conviction for assault, second degree and ordering a new trial thereon, and, as so modified, affirmed. The assault count fails because the element of the completed rape is unsupported by corroboration. (People v. English, 16 N Y 2d 719; People v. Lo Verde, 7 N Y 2d 114.) Concur — Breitel, J. P., Valente, McNally, Steuer and Witmer, JJ.

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Judgment convicting defendant of the crimes of robbery, second degree and assault, second degree, unanimously modified, on the law and on the facts, to the extent of reversing the conviction for assault, second degree and ordering a new trial thereon, and, as so modified, affirmed. The assault count fails because the element of the completed rape is unsupported by corroboration. (People v. English, 16 N Y 2d 719; People v. Lo Verde, 7 N Y 2d 114.) Concur — Breitel, J. P., Valente, McNally, Steuer and Witmer, JJ.

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Bluebook (online)

24 A.D.2d 939, 265 N.Y.S.2d 578, 1965 N.Y. App. Div. LEXIS 2840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pender-nyappdiv-1965.