People v. Threadgill

Appellate Division of the Supreme Court of New York

People v. Threadgill

27 A.D.2d 853, 280 N.Y.S.2d 907, 1967 N.Y. App. Div. LEXIS 4603

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

DecidedMarch 20, 1967

StatusPublished

This text of 27 A.D.2d 853 (People v. Threadgill) 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. Threadgill, 27 A.D.2d 853, 280 N.Y.S.2d 907, 1967 N.Y. App. Div. LEXIS 4603 (N.Y. Ct. App. 1967).

Pincite

Opinion

Judgment of the County Court, Nassau County, rendered May 14, 1965, convicting defendant of burglary and attempted rape, both in the first degree, and assault in the second degree, upon a jury verdict, reversed, on the law, and new trial ordered. No questions of fact have been considered. In our opinion, the court below should have instructed the jury as to the corroboration required by law in the event it should find that an actual rape had been committed. Assuming the jury did conclude that there was a consummated rape —■ and the complainant’s story was equally susceptible of such an interpretation— it might have found a lack of the necessary corroboration to sustain a guilty verdict (People v. English, 16 N Y 2d 719). Christ, Acting P. J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.

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Judgment of the County Court, Nassau County, rendered May 14, 1965, convicting defendant of burglary and attempted rape, both in the first degree, and assault in the second degree, upon a jury verdict, reversed, on the law, and new trial ordered. No questions of fact have been considered. In our opinion, the court below should have instructed the jury as to the corroboration required by law in the event it should find that an actual rape had been committed. Assuming the jury did conclude that there was a consummated rape —■ and the complainant’s story was equally susceptible of such an interpretation— it might have found a lack of the necessary corroboration to sustain a guilty verdict (People v. English, 16 N Y 2d 719). Christ, Acting P. J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.

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Bluebook (online)

27 A.D.2d 853, 280 N.Y.S.2d 907, 1967 N.Y. App. Div. LEXIS 4603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-threadgill-nyappdiv-1967.