Opinion · Nylaw New York

PEOPLE v. WILLIAMS, 259 App. Div. 892 (1940)

PEOPLE OF THE STATE OF N.Y., Respondent, v. JOHN WILLIAMS,Appellant., 259 A.D. 892 (Appellate Division of the Supreme Court of New York, Second Department. 1940)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1940-05-06
Topic: general

PEOPLE v. WILLIAMS, 259 App. Div. 892 (1940) THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN WILLIAMS,Appellant.Appellate Division of the Supreme Court of New York, Second Department. May 6, 1940.

Citator

UpLaw has not yet analyzed PEOPLE v. WILLIAMS, 259 App. Div. 892 (1940). The absence of a flag is not a finding that it is good law.

PEOPLE v. WILLIAMS,259 App. Div. 892(1940)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN WILLIAMS,

Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

May 6, 1940.

Appeal from County Court of Kings County.

Judgment reversed on the law and the facts and a new trial ordered. The two crimes of which the defendant has been found guilty are identical under the facts in this record. Therefore, there was no need to submit to the jury the charge of attempted rape in the first degree under the count which charged rape in the first degree. It was sufficient to have submitted the charge of assault in the second degree with intent to commit rape which was set out in the indictment. The judgment of conviction is against the weight of the credible evidence. Lazansky, P.J., Carswell and Johnston, JJ., concur; Adel and Close, JJ., dissent and vote to affirm the judgment of conviction in so far as the defendant was found guilty of assault in the second degree with intent to commit rape.