(DOWNLOAD) "People State New York v. Milan Radunovic" by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Milan Radunovic
- Author : Court of Appeals of New York
- Release Date : January 28, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Two of these three criminal prosecutions involve the crime of assault in the third degree. Radunovic and Roccaforte stand convicted of that crime and are appellants in this court. Sigismondi's indictment was dismissed upon motion and the People appeal. He was indicted on two counts for assault in the second degree and upon a third count of possessing a dangerous weapon. In each instance the intermediate appellate court affirmed the disposition made by the trial court. Each concerns whether corroboration is required of the testimony of a female that there was a completed act of rape, in instances where the People have elected to prosecute on the basis of a crime ostensibly unrelated to a charge of rape or where the jury has found a defendant guilty of an unrelated crime upon evidence which, if believed, would render the accused guilty of rape or assault with attempt to commit rape. The Legislature has currently provided that corroboration of the testimony of complainant is required to sustain charges of adultery and incest (Penal Law, § 255.30), promoting prostitution (id., § 230.35) and of the sexual offenses punishable under article 130 of the Penal Law (§ 130.15) which include sexual misconduct (§ 130.20), rape (§Â§ 130.25, 130.30, 130.35), sodomy (§Â§ 130.40, 130.45, 130.50) and sexual abuse in the first and second degrees (§Â§ 130.60, 130.65). This well-defined legislative policy has been extended by the courts to endangering the health and morals of a minor, assault with intent to commit rape and attempted rape where the charge is supported by evidence of a consummated rape (People v. Lo Verde, 7 N Y 114; People v. English, 16 N.Y.2d 719, and People v. Colon, 16 N.Y.2d 988). Wigmore cites many instances to prove the needfulness of these rules (3 Wigmore, Evidence [3d ed.], § 924 a). If this were not the rule, then it would be easy for a prosecutor or a Grand Jury to evade the requirement of corroboration by charging assault with intent to commit rape or third degree assault.
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