Defendant was indicted and charged with first degree rape based on an incident wherein he admittedly had sexual intercourse with a woman who was employed as a bartender at a bar in the City of Saratoga Springs. Defendant entered the bar at about 11:30 P.M. on May 10, 1983 and, during the next few hours, conversed with the victim. At about 2:30 A.M., the victim and defendant were alone in the bar. They ultimately went into a back room and...
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