Legal Opinion

In re Robert M.

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

Decided June 10, 1971PublishedCited by 2 opinions

1Opinion of the Court

Order, Family Court of the State of New York, Bronx County, entered on April 1, 1971, unanimously modified, on the law, without costs and without disbursements, to the extent of dismissing the rape charge, and otherwise affirmed. The delinquency based on a finding of rape is insufficient as a matter of law. While we find sufficient corroborative evidence of the act itself, the record is devoid of corroboration of defendant’s identification. (People v. Shaw, 158 App. Div. 146.) Corroborative evidence, whether consisting of acts or admissions, must be of such a character and quality as tends to…

2Cases cited2 opinions

  1. People v. . PageNew York Court of Appeals · 1900
  2. People v. ShawAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by2 opinions

  1. United States of America Ex Rel. Robert Murray v. Chester D. Owens, Superintendent of Elmira Reception Center, Elmira, New YorkCourt of Appeals for the Second Circuit · 1972
  2. Murray v. OswaldDistrict Court, S.D. New York · 1971

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