Opinion
January 24, 1973
Appeal from the Criminal Court of the City of New York, Kings County, M. MARVIN BERGER, J.
Charles H. Fier for appellant.
Eugene Gold, District Attorney ( Raymond J. Scanlan and Harry Brodbar of counsel), for respondent.
Defendant's conviction of the crime of endangering the welfare of a child (Penal Law, § 260.10), committed on August 19, 1971, cannot be sustained on the uncorroborated testimony of the complainant since a consummated rape was involved (see People v. Doyle, 31 A.D.2d 490; cf. People v. Peters, 26 N.Y.2d 774, and cases cited therein; People v. Goldberg, 39 A.D.2d 948). In any event, the verbal and physical warning by defendant to complainant after the alleged commission of the sexual act, upon which the conviction is specifically predicated, was not alleged in the complaint and, in our opinion, does not constitute a violation of the statute involved.
The judgment of conviction should be unanimously reversed on the law and complaint dismissed.
GROAT, P.J., and RINALDI, J., concur; SCHWARTZWALD, J., taking no part.
Judgment reversed and complaint dismissed.