PEOPLE v. RICE


75 N.Y.2d 929 (1990)

The People of the State of New York, Respondent, v. Stephen Rice, Appellant.

Court of Appeals of the State of New York.

Decided April 3, 1990.


Attorney(s) appearing for the Case

Kerry Elgarten and Philip L. Weinstein for appellant.

Robert T. Johnson, District Attorney (Lisa M. Loscalzo and Billie Manning of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge ALEXANDER dissents and votes to reverse in an opinion.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

According to the complainant, on a bright, sunny afternoon in August 1986, she left her Manhattan apartment to visit her grandson and, after waiting a short time for a bus, decided to walk. She was proceeding down a ramp when she was approached from behind by defendant, who placed his hands on her shoulders and turned her around to face him; his trousers...

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