People v. Savage

Simons and Callahan, JJ. (dissenting).

We concur that there should be a reversal. However, in our review of the record we do not find sufficient evidence to sustain a conviction of rape, hence the indictment should be dismissed. Complainant alleges that she was forcibly raped by a gang of at least four males, including the defendant. The sole evidence linking the defendant to the alleged crime is the complainant’s testimony. Although the issue of credibility is for the trier of facts, the rule must give way where on appeal the testimony is viewed as incredible as a matter of law (People v…