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PEOPLE v. COLON

16 N.Y.2d 988 (1965)

The People of the State of New York, Respondent, v. Gilbert Colon, Appellant.

Court of Appeals of the State of New York.

Decided October 28, 1965.

Attorney(s) appearing for the Case

David A. Nourse and Anthony F. Marra for appellant.

Aaron E. Koota, District Attorney (Frank Di Lalla of counsel), for respondent.

Chief Judge DESMOND and Judges DYE, FULD, BURKE, SCILEPPI and BERGAN concur in MEMORANDUM; Judge VAN VOORHIS dissents in part and votes to reverse and to dismiss the indictment for lack of corroboration as required by section 2013 of the Penal Law.

MEMORANDUM:

Judgment reversed and a new trial ordered. Under the form of submission to the jury of the charge against appellant of attempted rape and assault with intent to commit rape, defendant's commission of the crime was made to depend on the acts of codefendant Belardo, one version of which in the record showed a consummated rape. The jury was instructed corroboration was not essential as to the attempt and the assault...

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