Legal Opinion

People v. Mitchell

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

Decided July 2, 1979PublishedCited by 1 opinion

1Opinion of the Court

—Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered April 22, 1977, convicting him of rape in the first degree, after a nonjury trial, and imposing sentence. Judgment affirmed. Defendant’s acquittal on a charge of burglary, allegedly committed in connection with the rape, is not repugnant to his conviction for rape (see Dunn v United States, 284 US 390; People v Haymes, 34 NY2d 639; People v Ramos, 50 AD2d 823; People v Pratts, 50 AD2d 937). Damiani, J. P., Suozzi, Margett and Mangano, JJ., concur.

2Cases cited4 opinions

  1. Dunn v. United StatesSupreme Court of the United States · 1932
  2. People v. HaymesNew York Court of Appeals · 1974
  3. People v. PrattsAppellate Division of the Supreme Court of the State of New York · 1975
  4. People v. RamosAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by1 opinion

  1. People v. GalluccioAppellate Division of the Supreme Court of the State of New York · 1980