Opinion
Argued January 12, 1976
Decided February 26, 1976
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, RICHARD H. FARLEY, J.
Terence P. O'Leary for appellant.
Malcolm C. Hughes, District Attorney (Robert J. Ayling of counsel), for respondent.
MEMORANDUM.
The order should be affirmed.
Of the three elements required to be corroborated under the rigid requirements of the rape statute (former Penal Law, § 130.15), which prevailed at the time the defendant was convicted (see People v Linzy, 31 N.Y.2d 99, 100-101), two of them, penetration and identity, were conceded. The third, "force or lack of consent" (at p 101) was supported by a legally competent, though equivocal, admission sufficient to create a question of fact (United States v Picarelli, 148 F.2d 997, 998).
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Order affirmed in memorandum.