People v. Porter

— Appeals (1) from a judgment of the County Court of Albany County (Clyne, J.), rendered October 3,1980, upon a verdict convicting defendant of the crime of rape in the first degree, and (2) by permission, from an order of said court, entered March 15,1982, which denied a motion to vacate the judgment of conviction following a hearing. At issue is whether a rape conviction should be nullified because the prosecution inadvertently neglected to disclose that the victim had been questioned by the State Police while under hypnosis. After examining the record in its entirety, we conclude that…