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PEOPLE v. WHALEN

59 N.Y.2d 273 (1983)

The People of the State of New York, Respondent, v. John A. Whalen, Appellant.

Court of Appeals of the State of New York.

Decided June 16, 1983.

Attorney(s) appearing for the Case

E. Stewart Jones, Jr., and Robert M. Cohen for appellant.

Sol Greenberg, District Attorney (F. Patrick Jeffers of counsel), for respondent.

Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

Chief Judge COOKE.

At about 10:00 P.M. on July 4, 1979, Deborah C. was walking to her work at Cohoes Memorial Hospital. A man passed her going in the other direction. He turned, came up behind her, covered her eyes and mouth, and told her not to scream. Deborah was pushed down a slight embankment into some bushes and raped. After the attacker left, Deborah put her clothes back on and ran to the hospital's emergency...

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