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PEOPLE v. WESTFALL

95 A.D.2d 581 (1983)

The People of the State of New York, Respondent, v. Fay E. Westfall, Jr., Appellant The People of the State of New York, Respondent, v. Lawrence Westfall, Appellant

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

October 27, 1983

Attorney(s) appearing for the Case

Nelson E. Roth (Steven D. Clymer and Rebecca S. Ringer of counsel), for Fay E. Westfall, Jr., appellant.

Ralph W. Nash for Lawrence Westfall, appellant.

Benjamin J. Bucko, District Attorney (William A. Lange, Jr., of counsel), for respondent.

KANE, J. P., MAIN, MIKOLL and YESAWICH, JR., JJ., concur.

CASEY, J.

Defendants were convicted of crimes that occurred on March 22, 1981 shortly after 11:30 P.M. in the trailer home of the complainant, an employee and girlfriend of defendants' father, the owner of the trailer. Defendants claimed they had gone there to obtain a tool box which was needed for their employment. Defendant Fay Westfall admitted having attempted sexual intercourse with the complainant after...

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