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We are of opinion that the requirement of Penal Law, section 2013, that “ No conviction can be had for rape or defilement upon the testimony of the female defiled, unsupported by other evidence,” does not apply to a charge of attempt to commit rape, which is a separate and distinct crime. (People v. Kirwan, 22 N. Y. Supp. 160.)
* Judgment of conviction of the County Court of Orange county affirmed. Blackmar, P. J., Kelly, Jaycox, Kelby and Young, JJ., concur.See Penal Law, §§ 2, 261.- - [Rep.
Document Info
Citation Numbers: 202 A.D. 822
Filed Date: 6/15/1922
Precedential Status: Precedential
Modified Date: 1/12/2023