People v. Smith

Appeal from a judgment of the County Court of Albany County, rendered March 15, 1976, upon a verdict convicting defendant of the crime of rape in the first degree. Defendant was convicted of the crime of rape in the first degree (Penal Law, § 130.35, subd 1), after a lengthy trial, as the result of an incident which occurred in the early morning of August 23, 1975. The complainant- testified to a consummated rape committed by the defendant. The defense was consent. Since there were no witnesses to the incident, the jury was confronted primarily with an issue of credibility. The most important…