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PEOPLE v. LILLER

20 N.Y.2d 727 (1967)

The People of the State of New York, Respondent, v. Harold Paul Liller, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1967.

Attorney(s) appearing for the Case

Lewis W. Morse, Jr., for appellant.

Paul H. McCabe, District Attorney (Patricia Hassett of counsel), for respondent.

Concur: Chief Judge FULD and Judges VAN VOORHIS, BERGAN and KEATING. Judge BREITEL dissents and votes to affirm in the following opinion in which Judges BURKE and SCILEPPI concur.

Judgment reversed and a new trial ordered on the dissenting opinion at the Appellate Division.

BREITEL, J. (dissenting).

Defendant appeals from his conviction after trial by jury in the County Court of Chemung County of the crime of rape in the first degree and an incidental second degree burglary. The Appellate Division, Third Department, affirmed by a divided court.

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