PEOPLE v. BUSH


266 A.D.2d 642 (1999)

698 N.Y.S.2d 340

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY D. BUSH, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 10, 1999.


Mugglin, J.

On October 7, 1992, a woman (hereinafter the victim) was alone in her brother's house in a rural area in the Town of Groton, Tompkins County. At approximately 5:30 A.M., she was awakened by an intruder who was striking her in the head with what appeared to be a flashlight. After instructing her to lay on her stomach, the intruder raped her from behind for approximately five minutes without ejaculation occurring. After telling her that he did not want her...

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