PEOPLE v. PEREZ


25 A.D.2d 859 (1966)

The People of the State of New York, Respondent, v. Norberto Perez, Appellant

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

May 9, 1966


Judgment reversed, on the law and the facts, and new trial granted.

This is a conviction for statutory rape which rests on the testimony of the prosecutrix, who was 17 years of age at the time of the alleged rape, and on alleged admissions made by appellant to a police detective. The indictment charged perpetration "on or about and between June 1, 1964 and June 30, 1964." The prosecutrix testified that the act occurred in June, but she could not say if it was at the...

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