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PEOPLE v. MASSE

5 N.Y.2d 217 (1959)

The People of the State of New York, Respondent, v. David P. Masse, Appellant.

Court of Appeals of the State of New York.

Decided January 23, 1959.

Attorney(s) appearing for the Case

John W. Condon, Jr., and Grace Marie Ange for appellant.

John F. Dwyer, District Attorney (Robert A. Burrell and George R. Blair of counsel), for respondent.

Chief Judge CONWAY and Judges DYE and FROESSEL concur with Judge BURKE; Judges DESMOND, FULD and VAN VOORHIS dissent and vote to reverse and to dismiss the indictment upon the ground that there is in this record no "other evidence" tending to establish that defendant was the one who committed the crime or one of those who committed it (Penal Law, § 2013; People v. Downs, 236 N.Y. 306; People v. Croes, 285 N.Y. 279).

BURKE, J.

The defendant was indicted on one count for the crime of rape, misdemeanor. He was subsequently adjudicated a youthful offender and sentence was imposed, the execution of which was suspended and the defendant placed on probation.

The only question raised on this appeal is whether there is "other evidence" sufficient to support the testimony of an adolescent female allegedly defiled.

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