Majority
p. 609The People of the State of New York, Respondent, v Robert Mitchell, Appellant.
—Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered April 22, 1977, convicting him of rape in the first degree, after a nonjury trial, and imposing sentence. Judgment affirmed. Defendant’s acquittal on a charge of burglary, allegedly committed in connection with the rape, is not repugnant to his conviction for rape (see Dunn v United States, 284 US 390 ; People v Haymes, 34 NY2d 639 ; People v Ramos, 50 AD2d 823 ; People v Pratts, 50 AD2d 937 ). Damiani, J. P., Suozzi, Margett and Mangano, JJ., concur.
Cases cited
- Dunn v. United States 284 US 390 p. 609
- People v. Haymes 34 NY2d 639 p. 609