People v. Servidio

The defendant moves for an inspection of the Grand Jury minutes or, alternatively the dismissal of the indictment charging him with attempted rape, first degree. It is alleged that in the preliminary hearing had herein, the complainant testified to a completed sexual act perpetrated upon her by the defendant against her will and that such hearing did not adduce any corroborating evidence as required by law. It is argued therefore that since attempted rape does not require corroboration to sustain the charge, the Grand Jury indicted for a lesser offense although the proof was that the greater…