PEOPLE v. MOUNTAIN


66 N.Y.2d 197 (1985)

The People of the State of New York, Respondent, v. Ambrose J. Mountain, Appellant.

Court of Appeals of the State of New York.

Decided October 24, 1985.


Attorney(s) appearing for the Case

Peter L. Rupert for appellant.

John B. Poersch, District Attorney (Thomas W. Hefferon of counsel), for respondent.

Judges JASEN, SIMONS, KAYE and TITONE concur with Chief Judge WACHTLER; Judge MEYER dissents and votes to reverse in a separate opinion in which Judge ALEXANDER concurs.


Chief Judge WACHTLER

The defendant, a former police officer, has been convicted of raping and sodomizing a woman being held for arraignment in a detention cell at a police station. The Appellate Division affirmed the conviction and the defendant has appealed by leave of a Judge of this court.

The defendant raises a number of issues, most of which relate to the admission or exclusion of evidence at the...

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