PEOPLE v. JOHNSON


46 A.D.2d 55 (1974)

The People of the State of New York, Respondent, v. Arthur Johnson, Appellant

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

November 19, 1974.


Attorney(s) appearing for the Case

Richard Ives Rudell for appellant.

Lewis R. Friedman of counsel (Sharon M. Lynch with him on the brief; Richard H. Kuh, District Attorney), for respondent.

MARKEWICH, J. P., LUPIANO and TILZER, JJ., concur with LANE, J.; MURPHY, J., dissents in part in an opinion.


LANE, J.

The complaining witness, while on her way to a party, was walking westbound on 21st Street in Manhattan. She passed the defendant, who was standing on the sidewalk, and then heard footsteps following closely behind her. She turned and saw the defendant. He pulled out a knife, placed it at her throat and, while rubbing it along her throat, repeated that he wanted to have sexual intercourse with her. She...

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