People v. Phillips

Kelly, J.:

On June 29, 1922, this court affirmed the judgment with the following memorandum: “ We are of opinion that the requirement of Penal Law, section 2013, that ‘ No conviction can be had for rape or defilement upon the testimony of the female defiled, unsupported by other evidence/ does not apply to a charge of attempt to commit rape, which is a separate and distinct crime. (People v. Kirwan, 22 N. Y. Supp. 160.) Judgment of conviction of the County Court of Orange county affirmed. Blackmar, P. J., Kelly, Jaycox, Kelby and Young, JJ., concur.” (People v. Phillips, 202 App. Div. 822.) On…