PEOPLE v. BENNINGER


12 A.D.2d 572 (1960)

The People of the State of New York, Respondent, v. Donovan Benninger, Appellant

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

November 4, 1960


The defendant was convicted of the above section — carnal abuse of a child over 10 years and less than 16 years — on the testimony of a 13-year-old retarded child who stated that while alone in an automobile operated by the defendant and while lying on the front seat where the defendant was sitting, he took off her pants and that the defendant was sitting close to her. The occurrence is alleged to have taken place on the 3d day of November, 1959 in the Town...

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