PEOPLE v. HUGHES


41 A.D.2d 333 (1973)

The People of the State of New York, Respondent, v. Charles E. Hughes, Appellant

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

May 3, 1973.


Attorney(s) appearing for the Case

Frank R. Bell for appellant.

William P. Sullivan, District Attorney, for respondent.

GREENBLOTT and KANE, JJ., concur with MAIN, J.; HERLIHY, P. J., and COOKE, J., dissent and vote to affirm in a separate opinion by HERLIHY, P. J.


MAIN, J.

This is an appeal from a judgment of the Tompkins County Court, rendered on March 6, 1972, upon a verdict convicting defendant of the crime of rape in the first degree.

The complainant, a runaway from her parents' home, arrived in Ithaca, New York, on August 6, 1971 accompanied by two companions whom she had met two days before in Cambridge, Mass. At about 10:00 P.M., the trio met the defendant...

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