People v. Tucker

Judgment unanimously modified by reversing the conviction of sexual misconduct arid dismissing that count of indictment, and otherwise judgment affirmed. Memorandum: Appellant was indicted on charges of'rape ih the first degree, sexual abuse in the first degree and sexual misconduct. Following a jury trial, he was acquitted of the rape charge and convicted of the other two. Since there was no--testimony relative io the age of the complainant, except on cross-examination when she stated that she was 16 years old, and no corroboration of this statement in the People’s case, the' conviction of…