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PEOPLE v. MILLER

54 N.Y.2d 616 (1981)

The People of the State of New York, Appellant, v. Michael Miller, Respondent.

Court of Appeals of the State of New York.

Decided June 16, 1981.

Attorney(s) appearing for the Case

Kenneth Gribetz, District Attorney (John S. Edwards and James H. Mellion of counsel), for appellant.

Peter Branti, Jr., Public Defender (William K. Nelson of counsel), for respondent.

Chief Judge COOKE and Judges JONES, FUCHSBERG and MEYER concur in memorandum; Judge WACHTLER concurs in a concurring memorandum in which Judges JASEN and GABRIELLI concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Sometime before noon on August 24, 1977, "Ms. McE" reported to both the Spring Valley and the Clarkstown police that she had been raped earlier that morning. On September 26, approximately one month after the alleged incident, the District Attorney of Rockland County sought an order in the Clarkstown Village Court directing defendant to appear for...

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