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PEOPLE v. LINZY

31 N.Y.2d 99 (1972)

The People of the State of New York, Respondent, v. Melvin Linzy, Also Known as Melvin Linear, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1972.

Attorney(s) appearing for the Case

Barry S. Wine for appellant.

Francis J. Vogt, District Attorney (Edward M. P. Greene of counsel), for respondent.

Judges BURKE, BERGAN, BREITEL and GIBSON concur with Judge SCILEPPI; Chief Judge FULD concurs in the following memorandum: I concur in the court's opinion insofar as it directs a reversal of the defendant's conviction but I do not subscribe to the suggestion that the requirement of corroboration in rape prosecutions be eliminated or further relaxed by the Legislature; Judge JASEN dissents and votes to affirm in a separate opinion.

SCILEPPI, J.

Complainant, a 17-year-old school girl, willingly, but apparently unwittingly, accepted a "lift" from a male stranger in the early evening on October 13, 1968. By her own testimony, she refers to a two-hour stay with her assailant before and after an act of forcible intercourse at some secluded spot near her home. When finally released, she ran home and reported the incident to her parents who, in...

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