PEOPLE v. OWENS


63 N.Y.2d 824 (1984)

The People of the State of New York, Appellant, v. Rodney D. Owens, Respondent.

Court of Appeals of the State of New York.

Decided October 9, 1984.


Attorney(s) appearing for the Case

Benjamin J. Bucko, District Attorney (John A. Stevens and William A. Lange, Jr., of counsel), for appellant.

Raymond M. Schlather for respondent.

Chief Judge COOKE and Judges JASEN, JONES, MEYER, SIMONS and KAYE concur; Judge WACHTLER taking no part.


MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to that court for consideration of issues not reached on defendant's appeal to that court.

At defendant's rape trial, the evidence against him included the testimony of the 15-year-old victim, who had known defendant for years, and expert testimony regarding the detection of sperm on the victim's underwear. To meet this evidence...

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