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PEOPLE v. BOONE

78 A.D.2d 461 (1981)

The People of the State of New York, Respondent, v. Roland Boone, Appellant

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

January 22, 1981

Attorney(s) appearing for the Case

Marshall L. Goldstein for appellant.

Thomas L. Gazianis of counsel (Billie Manning with him on the brief; Mario Merola, District Attorney, attorney), for respondent.

KUPFERMAN, J. P., BIRNS, SANDLER and LYNCH, JJ., concur.

FEIN, J.

The evidence was sufficient to establish that defendant raped Malfina McClary on September 18, 1976 between 2 and 2:45 P.M. in an apartment that Malfina, her brother Carlos and defendant's witness Bradford Jenkins shared with other members of the McClary family. The defendant had spent the previous night in the home as a guest of Jenkins. At about 8 A.M. defendant "jumped" on Malfina, who screamed....

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