PEOPLE v. WHEELER


50 A.D.2d 1089 (1975)

The People of the State of New York, Respondent, v. Thomas Wheeler, Appellant

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

December 17, 1975


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

Memorandum:

Defendant, after a jury trial, was convicted of rape in the first degree (Penal Law, § 130.35) and sentenced as a second-felony offender to a term of imprisonment of 5 to 10 years. In urging reversal, defendant asserts erroneous exclusion of proffered testimony concerning statements allegedly made by the complaining witness at the time period during which the alleged...

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