PEOPLE v. MOORE


17 A.D.2d 57 (1962)

The People of the State of New York, Respondent, v. William Moore, Appellant

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

July 26, 1962.


Attorney(s) appearing for the Case

Rosen & Rosen (George H. Rosen of counsel), for appellant.

Benjamin Newberg, District Attorney, Sullivan County, for respondent.

GIBSON and TAYLOR, JJ., concur with BERGAN, P. J.; HERLIHY and REYNOLDS, JJ., dissent, in an opinion.


BERGAN, P. J.

Defendant has been convicted of rape, second degree, committed in June, 1959 by intercourse with his step-daughter, then 12 years old. The proof of the crime is by the testimony of the child herself, age 14 at the time of trial; and by oral admissions made by defendant to a police officer.

The mother of the child and the wife of the defendant was a witness to significant circumstances touching...

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