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People v. Phillips

235 N.Y. 579 Court N.Y. Decision date 1923-03-20 English

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Majority

p. 579
The People of the State of New York, Respondent, v. George P. Phillips, Appellant.

Headnote

Crimes — attempted rape in first degree —judgment of conviction affirmed.
(Argued March 6, 1923;
decided March 20, 1923.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 5, 1923, which affirmed a judgment of the Orange County Court rendered upon a verdict convicting defendant of the crime of attempted rape in the first degree.
Nathaniel Levy for appellant.
Jonathan D. Wilson, Jr. (Henry Grusky of counsel), for respondent.

Judgment affirmed. The question whether a person accused of attempted rape may be convicted upon the evidence of the complainant unsupported by other evidence is not presented, by the record; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.

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