People v. Petrucci

Judgment of the County Court of Queens County convicting the defendant of the crime of sodomy, reversed on the law and a new trial ordered. The findings of fact implicit in the verdict of the jury are affirmed. The ruling by the trial court, as a matter of law, that the complaining witness was not an accomplice was erroneous. Whether he was an accomplice or not depended upon whether there was a voluntary submission to the act on his part, and this was a question of fact for the jury. If the complainant was a willing participant, there could be no conviction of the defendant unless there was…