PEOPLE v. SMITH


45 Misc.2d 265 (1965)

The People of the State of New York, Plaintiff, v. Melvin Smith, Defendant.

City Court of New Rochelle.

February 3, 1965


Attorney(s) appearing for the Case

Anthony A. Moley for plaintiff. Theodore F. Gilligan for complainant. Gaynor, Freeman, Glick & Pisani for defendant.


ABRAHAM BREITBART, J.

On this preliminary hearing the court finds that corroborative evidence of the kind required by section 2013 of the Penal Law has not been presented by the People in support of a charge of rape, first degree, against the defendant. However, the overriding question to be determined is whether the "other" supporting evidence delineated by the statute need be present in order to hold the defendant for the action of the Grand Jury.<...

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