PEOPLE v. FOGLER


45 A.D.2d 909 (1974)

The People of the State of New York, Respondent, v. Samuel Fogler, Appellant

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

July 25, 1974


No opinion.

Greenblott, J. (dissenting).

I dissent. While the alleged victim's upset appearance and statement immediately subsequent to the commission of the alleged sexual assault may be considered as corroborative of the defendant's use of force, the record contains no evidence whatsoever, medical or otherwise, tending to corroborate any sexual contact between defendant and complainant. I am, therefore, constrained under the authority of

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