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People v. Ford

75 Misc. 2d 751 Court Supreme Court, Appellate Term, Second Department, Decision date 1973-01-24 English

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p. 751
The People of the State of New York, Respondent, v. Walter Ford, Appellant.
Supreme Court, Appellate Term, Second Department,
January 24, 1973.
p. 752
Charles H. Fier for appellant. Eugene Gold, District Attorney (Raymond J. Scanlan and Harry Brodbar of counsel), for respondent.

Defendant’s conviction of the crime of endangering the welfare of a child (Penal Law, § 260.10), committed on August 19, 1971, cannot be sustained on the uncorroborated testimony of the complainant since a consummated rape was involved (see People v. Doyle, 31 A D 2d 490 ; cf. People v. Peters, 26 N Y 2d 774 , and cases cited therein; People v. Goldberg, 39 A D 2d 948 ). In any event, the verbal and physical warning by defendant to complainant after the alleged commission of the ■sexual act, upon which the conviction is specifically predicated, was not alleged in the complaint and, in our opinion, does not constitute a violation of the statute involved.

The judgment of conviction should be unanimously reversed on the law and complaint dismissed.

Groat, P. J., and Rinaldi, J., concur; Schwartzwald, J,, taking no part.

Judgment reversed and complaint dismissed.

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