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PEOPLE v. KOSSMAN

46 A.D.3d 1104 (2007)

848 N.Y.S.2d 401

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALLEN R. KOSSMAN, Appellant.

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

Decided December 20, 2007.

Spain, J.

Following a jury trial, defendant was convicted of statutory rape. Testimony revealed that the 16-year-old victim was babysitting the children of Mary Lobdell at Lobdell's home overnight while Lobdell and defendant were out partying, which included the consumption of alcohol and drugs. When Lobdell and defendant returned to Lobdell's home sometime after 8:00 A.M. on the morning of December 18, 2004, Lobdell gave defendant permission to go to sleep in her...

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