Appellate Division of the Supreme Court of the State of New York November 16, 1979 (People v. Savage)

lead-opinion

Judgment reversed as a matter of discretion in the interest of justice and a new trial granted. Memorandum: Defendant was convicted after a jury trial of rape in the first degree (Penal Law, § 130.35, subd 1). In submitting the case to the jury the court charged that "Under the present law there is no requirement that proof be adduced to the consummation of the alleged offense.