People v. Phillips

202 A.D. 822 | N.Y. App. Div. | 1922

We are of opinion that the requirement of Penal Law, section 2013, that “ No conviction can be had for rape or defilement upon the testimony of the female defiled, unsupported by other evidence,” does not apply to a charge of attempt to commit rape, which is a separate and distinct crime. (People v. Kirwan, 22 N. Y. Supp. 160.)^* Judgment of conviction of the County Court of Orange county affirmed. Blackmar, P. J., Kelly, Jaycox, Kelby and Young, JJ., concur.

* See Penal Law, §§ 2, 261.- - [Rep.