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PEOPLE v. YANIK

55 A.D.2d 164 (1977)

The People of the State of New York, Respondent, v. David Yanik, Appellant

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

January 4, 1977

Attorney(s) appearing for the Case

Carol Berkman of counsel (William E. Hellerstein and William J. Gallagher, attorneys), for appellant.

Richard M. Seltzer of counsel (Robert M. Pitler with him on the brief; Robert M. Morgenthau, District Attorney), for respondent.

MARKEWICH, KUPFERMAN, BIRNS and CAPOZZOLI, JJ., concur; STEVENS, P. J., dissents and would affirm.

Per Curiam.

At the time of the alleged rape the complainant was 22 years of age and was staying at the YMHA, having arrived from Alabama on November 11, 1973. The defendant called the Y on the Saturday following the complainant's arrival in New York, seeking to speak to a girl friend. She was not available but the complainant, who answered the telephone, and the defendant engaged in a conversation as a result of which...

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