PEOPLE v. McCANN


90 A.D.2d 554 (1982)

The People of the State of New York, Respondent, v. Francis X. McCann, Appellant

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

October 25, 1982


Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.

On September 13, 1976 the then 14-year-old complainant was returning home from school when she was accosted in the elevator of her apartment building by a man who took her at gunpoint to an incinerator room and committed sodomy. More than three years later the victim identified a photograph of the defendant — a Federal law enforcement officer —...

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