PEOPLE v. WATSON


45 N.Y.2d 867 (1978)

The People of the State of New York, Respondent, v. James Watson, Appellant.

Court of Appeals of the State of New York.

Decided October 19, 1978.


Attorney(s) appearing for the Case

Abraham Werfel for appellant.

John J. Santucci, District Attorney (Michael R. Berlowitz of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, the convictions vacated and the indictment dismissed.

To sustain the conviction of rape in the first degree under the then applicable provisions of the Penal Law (§§ 130.35, 130.15), there must have been corroborative evidence, inter alia, of the element of "forcible compulsion". The People urge three items of proof as meeting this...

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