People v. Magee

• Decision Date: 13 October 1994
• Citation: 617 N.Y.S.2d 227,208 A.D.2d 977
• Parties: The PEOPLE of the State of New York, Respondent, v. Duane MAGEE, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 227

617 N.Y.S.2d 227

208 A.D.2d 977

The PEOPLE of the State of New York, Respondent, v. Duane MAGEE, Appellant.

Supreme Court, Appellate Division Third Department.

Oct. 13, 1994.

Benjamin F.L. Darden, Ithaca, for appellant.

George M. Dentes, Dist. Atty. (Gary U. Surdell, of counsel), Ithaca, for respondent.

Before MIKOLL, J.P., and CREW, WHITE, YESAWICH and PETERS, JJ.

YESAWICH, Justice.

Appeal from a judgment of the County Court of Tompkins County (Barrett, J.), rendered May 7, 1992, upon a verdict convicting defendant of the crimes of rape in the first degree, sodomy in the first degree, sexual abuse in the first degree, burglary in the second degree, robbery in the third degree and criminal possession of stolen property in the fifth degree.

Evidence adduced at trial established that early on the morning of August 20, 1991, a young woman (hereinafter the victim) was approached outside a nightclub in the City of Ithaca, Tompkins County, by a young man who introduced himself as "Duane". This same man followed her to a local hotel at which she was staying, forced his way into her room, demanded that she turn over two of her rings and some currency, forcibly raped and sodomized her, and then left.

The victim reported the incident to the front desk of the hotel, and the police were summoned. Police Officer Donald Barker testified that when he arrived at the scene, the victim described the perpetrator as a young black man, approximately five feet, nine inches tall, wearing multicolored striped pants, a denim jean jacket, and a hat. After proceeding to the general vicinity in which another officer had reported having seen a person who matched the description given by the victim, which had been transmitted over the police radio, and while interviewing several people found there, Barker saw a man matching the description, but without a hat. Upon questioning, the man told Barker that his name was Tyrone Dean, and that he was returning from a friend's house. Barker did not detain "Dean"--later identified as defendant--but arranged for another officer to bring the victim to the area for a possible identification. When she saw him, the victim confirmed that defendant was the man who had raped her, and he was placed under arrest. At the station house, defendant was searched, and a ring, later identified as one taken from the victim, was found in his pocket.

Convicted of rape in the first degree, sodomy in the first degree, sexual abuse in the first degree, burglary in the second degree, robbery in the third degree and criminal possession of stolen property in the fifth degree, and sentenced to a total of 12 to 24 years' imprisonment, defendant appeals.

There is no force to defendant's claim that the evidence presented at trial furnished an insufficient basis for the verdict rendered or alternatively, that even if the proof against him is legally sufficient, that the totality of the evidence, when properly weighed, does not warrant conviction. The former contention is patently meritless for it is grounded on the incorrect assumption that the victim's testimony required corroboration; corroboration is not necessary to support a conviction of forcible rape or sodomy (see, People v. Vasquez, 193 A.D.2d 638, 597 N.Y.S.2d 452, lv. denied 82 N.Y.2d 728, 602 N.Y.S.2d 825, 622 N.E.2d 326). Nor do we find the verdict to be against the weight of the evidence. The record furnishes no legitimate basis for doubting the victim's credibility, and her testimony, coupled with the fact that her property was found in defendant's possession within an hour of the attack, manifests a strong...