Appellate Division of the Supreme Court of New York, 1977

People v. Richardson

People v. Richardson
Appellate Division of the Supreme Court of New York · Decided June 13, 1977
58 A.D.2d 612; 395 N.Y.S.2d 224; 1977 N.Y. App. Div. LEXIS 12669
People v. Richardson

Opinion of the Court

Appeal by-defendant from a judgment of the Supreme Court, Kings County, rendered June 17, 1974, convicting him of rape in the first degree, after a nonjury trial, and imposing sentence. Judgment affirmed. Assuming, arguendo, that cross-examination of appellant as to a contemporaneous rape charge, which had been previously dismissed for lack of corroboration, was error, we find it to have been harmless in the light of the fact that this was a nonjury trial. Further, the evidence of guilt was virtually overwhelming (see People v Crimmins, 36 NY2d 230). Martuscello, J. P., Latham, Margett and O’Connor, JJ., concur.

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