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  5. 36 N.Y.2d 708 (1975)
 

PEOPLE v. SCHNEIDER

36 N.Y.2d 708 (1975)

The People of the State of New York, Respondent, v. Alvin Schneider, Appellant.

Court of Appeals of the State of New York.

Decided February 27, 1975.

Attorney(s) appearing for the Case

Arthur T. Cambouris and William E. Hellerstein for appellant.

Nicholas Ferraro, District Attorney (Charles M. Newell of counsel), for respondent.

Concur: Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE. Chief Judge BREITEL dissents and votes to affirm in the following opinion in which Judge JASEN concurs.

Order reversed and a new trial ordered on the dissenting memorandum by Mr. Justice JAMES D. HOPKINS at the Appellate Division.

Chief Judge BREITEL (dissenting).

I dissent and would affirm.

Defendant, a New York City police officer, was convicted, after jury trial, of the statutory consensual rape of a 15-year-old girl and related sexual offenses.

Defendant gave an implausible explanation...

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