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PEOPLE v. SILVER

33 N.Y.2d 475 (1974)

The People of the State of New York, Respondent, v. Timothy Silver, Appellant.

Court of Appeals of the State of New York.

Decided March 27, 1974.

Attorney(s) appearing for the Case

Henrietta M. Wolfgang and Nathaniel A. Barrell for appellant.

Michael F. Dillon, District Attorney (Judith B. Manzella and Thomas G. Kobus of counsel), for respondent.

Chief Judge BREITEL and Judges JONES and RABIN concur with Judge WACHTLER; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Judges JASEN and STEVENS concur.

WACHTLER, J.

On the complaint of his teenage daughter, the defendant was indicted and, after a jury trial, convicted of incest. On June 4, 1968 he was sentenced to Attica Prison for a period of five to eight years.

The incident occurred on Labor Day (September 5), 1966. According to the complainant the defendant had spent most of that day drinking heavily. Shortly after she retired to bed, at about 11...

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