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PEOPLE v. MOTA

42 A.D.2d 718 (1973)

The People of the State of New York, Respondent, v. Bienvenido E. Mota, Appellant

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

July 2, 1973

Judgment affirmed.

No opinion.

Munder, Acting P. J., dissents and votes to reverse the judgment and order a new trial on all counts, with the following memorandum, in which Benjamin, J. concurs:

I conclude there was insufficient corroborative evidence of the element of force and therefore the conviction of rape in the first degree cannot stand (see Penal Law, § 130.00, subd. 8). There should be a new trial on all counts. The record...

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