PEOPLE v. PORTER


47 A.D.2d 908 (1975)

The People of the State of New York, Respondent, v. William Porter, Appellant

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

April 7, 1975


Judgment reversed, on the law, and new trial ordered.

The indictment charged defendant with two counts of burglary in the first degree, alleging that on September 22, 1973 he entered a dwelling with intent to commit a rape therein. To establish such intent the prosecutor adduced evidence that defendant, 15 days prior to this criminal entry, unlawfully entered another apartment several blocks away and there raped another woman. This evidence was received although timely...

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