New York Court of Appeals, 1969

People v. Gonzague

New York Court of Appeals · Decided July 2, 1969

25 N.Y.2d 867; 250 N.E.2d 874; 303 N.Y.S.2d 881; 1969 N.Y. LEXIS 1115

Cases that cite this one

3 later published cases cite this decision.

People v. Capitello (New York County Courts 1988)
People v. Cohen (Appellate Terms of the Supreme Court of New York 1981)
Gonzague v. New York State Board of Parole (Appellate Division of the Supreme Court of New York 1977)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Judgment modified by reversing so much thereof as convicted defendant of three crimes of rape in the first degree, by dismissing the three counts of the indictment charging rape in the first degree and by vacating the sentences imposed thereon, and, as so modified, affirmed. Defendant’s guilt of the crimes of rape in the first degree was not established beyond a reasonable doubt. Defendant was properly convicted of the crimes of sodomy in the first degree, assault in the second degree and illegal possession of a weapon.

Concur: Chief Judge Fuld and Judges Burke, Bergan, Breitel and Jasen. Judge Scileppi dissents in part and votes to affirm as to all counts.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.