Opinion
May 7, 1952.
Appeal from Albany County Court.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
On defendant's plea of guilty to rape, second degree, he was sentenced in the County Court, June 11, 1948, to a term of five to ten years. The points raised by defendant in his motion to vacate the judgment are not substantial. They are: (a) that the Supreme Court in transferring the indictment which had been returned there to the County Court could not do so by an order on its minutes, but was required to follow the formalism of a signed order by a judge; (b) that the intercourse with the consent of the complaining witness made her an accomplice to the crime, or in the alternative she was without legal power to "consent" and hence the indictment was insufficient; (c) that defendant's plea of guilty could not be taken without corroboration; (d) that the demand of the District Attorney for a bill of particulars as to an alibi was an unconstitutional invasion of defendant's rights. There is no substance to the further claim that the attorney for defendant did not competently and impartially represent him. Order unanimously affirmed.