People v. Andrus

• Decision Date: 26 February 1976
• Citation: 382 N.Y.S.2d 981,38 N.Y.2d 925
• Parties: , 346 N.E.2d 820 The PEOPLE of the State of New York, Respondent, v. Albert W. ANDRUS, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 981

382 N.Y.S.2d 981

38 N.Y.2d 925, 346 N.E.2d 820

The PEOPLE of the State of New York, Respondent, v. Albert W. ANDRUS, Appellant.

Court of Appeals of New York.

Feb. 26, 1976.

Terence P. O'Leary, Walton, for appellant.

Malcolm C. Hughes, Dist. Atty. (Robert J. Ayling, Walton, of counsel), for respondent.

MEMORANDUM.

The order should be affirmed.

Of the three elements required to be corroborated under the rigid requirements of the rape statute (former Penal Law, § 130.15), which prevailed at the time the defendant was convicted (see People v. Linzy, 31 N.Y.2d 99, 100--101, 335 N.Y.S.2d 45, 286 N.E.2d 440), two of them, penetration and identity, were conceded. The third, 'force or lack of consent' (at p. 101) was supported by a legally competent, though equivocal, admission sufficient to create a question of fact (United States v. Picarelli, 2 Cir., 148 F.2d 997, 998).

BREITEL, C.J., and JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE, JJ., concur.

Order affirmed in memorandum.