26 A.D.2d 743 | N.Y. App. Div. | 1966
Appeal from a judgment of conviction of the County Court of Ulster County for the crimes of rape in the first degree, assault in the second degree with intent to commit rape, sodomy in the first degree, and assault in the second degree with intent to commit sodomy. On March 14, 1964, a young girl 17 years old, while in the company of her aunt, 15 years old, was forcibly placed in an automobile by two males, unknown to them, and she was driven to three separate deserted spots, threatened, raped at each place by both males, and made to commit oral sodomy with one of them. Her attackers then returned her to the vicinity of her home and drove off. The State Police obtained a description of the two attackers and of the automobile. One of the men was described as male, white, ruddy complexion, 190 pounds. The appellant had been convicted for a similar crime in 1959 and still resided in the vicinity. The State Police discovered he owned a white car and went to his home to question him concerning the crimes. He denied the crime, or any participation therein, but admitted that on the night of March 14,1964, he had been in the company of a negro, named Parrie Lee Warren. Upon his refusal to voluntarily go to the police barracks for further questioning, he was arrested. At the police barracks the appellant was made to stand in a lineup where he was identified as one of the attackers by the girl who had been attacked. After being advised of the identification, he admitted having intercourse with the girl, but denied having used force and denied any act of sodomy. Appellant contends that his arrest was without probable cause and that all evidence obtained after the arrest, particularly his oral admission of the intercourse, be suppressed. There is no dispute that the arresting officer had reasonable cause for believing that a felony had been committed; that the appellant matched the description given to the police officers; that he owned an automobile which matched the description