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PEOPLE v. TRAVISON

59 A.D.2d 404 (1977)

The People of the State of New York, Respondent, v. Daniel Travison, Appellant

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

December 1, 1977

Attorney(s) appearing for the Case

Michael J. Cunningham for appellant.

Pierce H. Russell, District Attorney (Ira Mendleson, III, of counsel), for respondent.

SWEENEY, J. P., and MAIN, J., concur with MAHONEY, J.; KANE, J., concurs in a separate opinion; MIKOLL, J., dissents and votes to remit in an opinion.

MAHONEY, J.

This is an appeal from a judgment of the County Court of Rensselaer County, entered January 6, 1977, upon a verdict convicting defendant of sexual abuse in the first degree (Penal Law, § 130.65).*

The facts are simple. During the early evening of August 23, 1974, the complainant, a 16-year-old girl, voluntarily entered defendant's automobile in the City of...

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