People v. Brown

Appeal by defendant from a judgment of the Supreme Court, Kings County (Deeley, J.), rendered February 22, 1983, convicting him of rape in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Over the objection of defense counsel, the trial court admitted into evidence a piece of rug upon which defendant had allegedly ejaculated during the course of the rape. In seeking to admit the piece of rug into evidence, the prosecutor failed to establish that it was actually the one involved in the crime, and that it had not been tampered with from the date of the crime until…