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PEOPLE STATE NEW YORK v. OTIS LENNON (05/16/68)

COURT OF APPEALS OF NEW YORK 1968.NY.41685 <http://www.versuslaw.com>; 238 N.E.2d 756; 22 N.Y.2d 677 decided: May 16, 1968. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.OTIS LENNON, APPELLANT People v. Lennon, 27 A.D.2d 730, affirmed. Laurence R. Martin and Anthony F. Marra for appellant. Frank S. Hogan, District Attorney (Sybil H. Landau and H. Richard Uviller of counsel), for respondent. Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating and Jasen concur; Judge Breitel taking no part. Author: Per Curiam


People v. Lennon, 27 A.D.2d 730, affirmed.

Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating and Jasen concur; Judge Breitel taking no part.

Author: Per Curiam

 The testimony of the complaining witness as to the consummated rape, though relevant, was not a necessary element to support the defendant's conviction on the charge of robbery in the first degree. The requirement of corroboration, under section 2013 of the former Penal Law, extends only to those charges which are based solely upon evidence which, if believed, would render the accused guilty of the crime of rape. (See People v. Radunovic, 21 N.Y.2d 186, 189-190; People v English, 16 N.Y.2d 719, 720; People v. Lo Verde, 7 N.Y.2d 114, 116.)

We have considered the other points raised and find them without merit.

The judgment appealed from should be affirmed.

Disposition

Judgment affirmed.

19680516

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