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PEOPLE v. ORTIZ

127 A.D.2d 305 (1987)

The People of the State of New York, Respondent, v. Richard Ortiz, Appellant

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

April 30, 1987

Attorney(s) appearing for the Case

James J. Brearton for appellant.

James B. Canfield, District Attorney (Paul D. Clayton of counsel), for respondent.

MAIN, MIKOLL, LEVINE and HARVEY, JJ., concur.

MAHONEY, P. J.

On August 17, 1985, defendant took a nine-year-old girl to an apartment he was sharing with the child's grandmother and reportedly raped her. He told the infant that he would kill her if she told anyone. When the child returned home she promptly told her mother of the alleged attack. Defendant was subsequently indicted and charged with first degree rape.

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