People v. Dixon

It is intended hereby to supplement my denial of the motion to set aside the verdict which convicted the defendant of several counts, including that of an attempted rape, as charged in the indictment. The defendant claimed, from the beginning, that an indictment charging an attempt to rape is insufficient when the prosecutor’s opening statement and the complaining female’s testimony show a consummated rape without the corroboration required by section 2013 of the Penal Law.

Had the defendant sought a mistrial for prejudice because of the prosecutor’s stress, in his opening, as to the…