People v. Imperiale

The defendant, convicted of rape as a misdemeanor and assault in the third degree, moves to set aside a judgment of conviction as being contrary to law and contrary to facts.

It is defendant’s contention that the judgment of conviction should be set aside because —

*888(1) More than 280 days elapsed between the date of the last act of sexual intercourse and the date of birth of the child.(2) There was not that quality of corroboration required by section 2013 of the Penal Law.(3) The testimony failed to establish the crime of assault, third degree, as charged in count 2.

The complainant testified…