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PEOPLE v. JOHNSON

62 A.D.2d 555 (1978)

The People of the State of New York, Respondent, v. Kenneth Johnson, Appellant

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

June 2, 1978

Attorney(s) appearing for the Case

James P. Harrington for appellant.

Edward C. Cosgrove, District Attorney (Judith Manzella of counsel), for respondent.

MARSH, P. J., and SIMONS, J., concur with MOULE, J.; HANCOCK, JR., and WITMER, JJ., dissent and vote to reverse the judgment and grant a new trial, in an opinion by HANCOCK, JR., J.

MOULE, J.

At approximately 11:45 A.M. on Saturday, November 29, 1975, complainant was robbed, raped, and twice sodomized at gunpoint in a stairwell of the Ellicott-Goodrich parking ramp in the vicinity of the Buffalo General Hospital. The attack on complainant lasted for 10 minutes, during which she had an opportunity to view her assailant under good lighting conditions. In the course of events, complainant was...

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