People v. Smith

On this preliminary hearing the court finds that corroborative evidence of the kind required by section 2013 of the Penal Law has not been presented by the People in support of a charge of rape, first degree, against the defendant. However, the overriding question to be determined is whether the “ other ” supporting evidence delineated by the statute need be present in order to hold the defendant for the action of the Grand Jury.

The parties are aware that the fundamental principle to be observed on a preliminary hearing is that the ‘ ‘ committing magistrate is not required to exact the full…