PEOPLE v. ANDRE W.


44 N.Y.2d 179 (1978)

The People of the State of New York, Respondent, v. Andre W., Appellant.

Court of Appeals of the State of New York.

Decided April 4, 1978.


Attorney(s) appearing for the Case

Rowan Peter Kirchheimer and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Charles H. Solomon, Peter L. Zimroth and Robert M. Pitler of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur.


FUCHSBERG, J.

One afternoon at about 4:00 P.M., a cleaning woman alone in an empty classroom in the school where she was employed was accosted and raped by two teenagers. She immediately reported the crime and was taken to the hospital, but that day was unable to do more to identify her attackers than pick out "look-alike" photographs from an array exhibited to her by the police. However, one day about four months...

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