Legal Opinion
People v. McNab
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1990PublishedCited by 68 opinions
1Opinion of the Court
Judgment unanimously reversed on the law and indictment dismissed. Memorandum: Defendant appeals from a judgment convicting him of one count each of rape in the first degree and assault in the second degree; he was acquitted of six counts of rape in the first degree and two counts of sodomy. Defendant’s rape conviction must be reversed. Defendant was indicted on seven identical counts of rape by forcible compulsion, the complainant testified at trial that nine acts of rape occurred, and the jury convicted him of only the seventh count of rape. It is impossible to ascertain what alleged act of…
2Cases cited4 opinions
- People of State of New York v. GregaNew York Court of Appeals · 1988
- People v. RubinAppellate Division of the Supreme Court of the State of New York · 1984
- People v. CaliendoAppellate Division of the Supreme Court of the State of New York · 1990
- People v. KnightAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by68 opinions
- People v. BlackAppellate Division of the Supreme Court of the State of New York · 2007
- People v. BoykinsAppellate Division of the Supreme Court of the State of New York · 2011
- People v. FilerAppellate Division of the Supreme Court of the State of New York · 2012
- People v. ComfortAppellate Division of the Supreme Court of the State of New York · 2006
- People v. NevinsAppellate Division of the Supreme Court of the State of New York · 2005
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