PEOPLE v. LIPPERT


138 A.D.2d 770 (1988)

The People of the State of New York, Respondent, v. Michael W. Lippert, Appellant

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

March 3, 1988


Casey, J.

At about 5:00 A.M. on March 10, 1984, the victim was awakened by defendant's hand being placed over her mouth. The victim was then in her own bedroom in an apartment which she shared with a girlfriend, the girlfriend's brother and his three children. Defendant had also been staying at the apartment for several days prior to this incident. When she awoke, the victim tried to pull defendant's hand away from her mouth, and when she attempted to...

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