People v. . Deitsch

Andrews, J.:

The defendant was convicted of the crime of rape. His conviction was reversed in the Appellate Division and he was granted a new trial on the ground that there was no sufficient evidence supporting the testimony of the complainant. (Penal Law, § 2013.) We agree that this result was right hut not, however, for the reason given in the court below.

The general rule is that the corroborating testimony should tend to show the material facts necessary to establish the commission of the crime and the identity of the person committing-it. (People v. Plath, 100 N. Y. 590.) Here the…