PEOPLE v. BUTT


25 N.Y.2d 995 (1969)

The People of the State of New York, Appellant, v. Donald Howard Butt, Respondent.

Court of Appeals of the State of New York.

Decided October 29, 1969.


Attorney(s) appearing for the Case

George J. Aspland, District Attorney (David F. Jordan of counsel), for appellant.

Harry Richard Brown for respondent.

Chief Judge FULD and Judges BERGAN, BREITEL and GIBSON concur; Judges BURKE, SCILEPPI and JASEN on constraint of People v. Radunovic ().


MEMORANDUM.

Although the victim's testimony of defendant's assault with intent to rape and completed rape may have lacked sufficient corroboration to sustain a conviction on either count of the indictment, the victim's testimony of assault, corroborated by the out-of-court admissions of the defendant, would sustain a conviction for assault in the third degree (under old Penal Law, § 244, subd. 1) for which no felonious...

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