PEOPLE v. GINES


36 N.Y.2d 932 (1975)

The People of the State of New York, Respondent, v. Jose Luis Gines, Appellant.

Court of Appeals of the State of New York.

Decided June 11, 1975.


Attorney(s) appearing for the Case

Sara Halbert and Abraham Abramovsky for appellant.

Mario Merola, District Attorney (Karen Zelfman Bell of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum; Judge COOKE dissents and votes to reverse in a separate opinion.


MEMORANDUM.

The order of the Appellate Division should be affirmed. After accosting the complainant in the hallway on the fourth floor of her apartment house, defendant dragged her at knife point to the roof where he proceeded to rob her. Over objection to the entire line of questioning, the complainant was then allowed to testify further that defendant had raped her incident to and immediately following the robbery. Such testimony was admissible to complete the narrative...

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