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PEOPLE v. WATSON

57 A.D.2d 143 (1977)

The People of the State of New York, Respondent, v. James Watson, Appellant

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

April 18, 1977

Attorney(s) appearing for the Case

Abraham Werfel for appellant.

John J. Santucci, District Attorney (Michael R. Berlowitz of counsel), for respondent.

MARTUSCELLO and COHALAN, JJ., concur with HOPKINS, Acting P. J.; DAMIANI, J., dissents and votes to reverse the judgment and order a new trial, with an opinion.

HOPKINS, Acting P. J.

On November 14, 1973 the complainant, then aged 17, accompanied the defendant to an American Legion Hall to acquire two free dance tickets in exchange for her assistance in selling other tickets for the defendant. There, the defendant restrained the complainant in a locked room and compelled her, by threatening her with a knife, to engage in sexual intercourse with him.

The complainant...

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