PEOPLE v. WALSTATTER


73 A.D.2d 175 (1980)

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

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

March 10, 1980


Attorney(s) appearing for the Case

John Joseph Sutter (Ruth C. Balkin on the brief), for appellant.

Patrick Henry, District Attorney (Harry Organek of counsel), for respondent.

LAZER, J. P., GULOTTA and COHALAN, JJ., concur in Per Curiam opinion; GIBBONS, J., dissents and votes to reverse the judgment and order a new trial, with an opinion.


Per Curiam.

Appealing his conviction for rape in the first degree, the defendant argues that judicial error deprived him of a fair trial. The rape is alleged to have been committed when the complaining witness visited defendant's business office to be interviewed for a secretarial position. At the trial, she testified that she was forced into sexual intercourse on defendant's couch after a struggle in which he struck...

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