PEOPLE v. BOWEN


65 A.D.2d 364 (1978)

The People of the State of New York, Respondent, v. Edward Bowen, Appellant

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

December 21, 1978


Attorney(s) appearing for the Case

David G. Secular of counsel (Martin Erdmann and William E. Hellerstein, attorneys), for appellant.

Carol Y. Kendrick of counsel (Alan D. Marrus with her on the brief; Mario Merola, District Attorney), for respondent.

KUPFERMAN, J. P., and LANE, J., concur with BIRNS, J.; FEIN, J., concurs in an opinion; SANDLER, J., dissents in an opinion.


BIRNS, J.

The defendant was convicted by a jury of attempted rape in the first degree and sentenced to a term of 5 to 15 years. On this appeal, we are confronted by two claims of the defendant. As outlined in the dissenting opinion, they are: First, that the defendant's constitutional rights were violated when he was cross-examined concerning his failure, at the time of his arrest, to give the police the exculpatory...

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