PEOPLE v. AUGUSTINE


35 A.D.2d 527 (1970)

The People of the State of New York, Respondent, v. George Augustine, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 2, 1970


Judgment reversed as to the convictions and sentences for rape in the first degree and sodomy in the first degree, on the law and the facts, and new trial ordered on the counts therefor; and otherwise affirmed.

In our opinion there was no legally sufficient corroborative evidence of every material fact essential to constitute the crimes of rape and sodomy. In this instance, a material fact was the coercion to which the complainant was allegedly subjected in order...

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