PEOPLE v. MOSS


103 Misc.2d 245 (1980)

The People of the State of New York, Plaintiff, v. James Moss, Defendant.

Supreme Court, New York County.

March 5, 1980.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Linda Fairstein of counsel), for plaintiff. Leon B. Polsky and Linda Nussbaum for defendant.


SHELDON S. LEVY, J.

Can evidence of a complainant's failure to identify as the perpetrator of a crime a person other than the defendant be introduced by the People in a criminal case? The answer to this question encompasses an issue not previously dealt with in the reported cases.

Defendant is charged with the forcible rape of a 14-year-old female in a public elevator of a housing complex in upper ...

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