PEOPLE v. HALBERT


175 A.D.2d 88 (1991)

The People of the State of New York, Respondent, v. John Halbert, Appellant

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

July 25, 1991


Defendant, forty years of age, lived with the complainant's mother and the complainant's sister. The complainant was 13 and 14 years of age at the time of the incidents complained of. The evidence was that on four separate occasions, the defendant forced the complainant to engage in sexual intercourse against her will and, on a fifth occasion, attempted to do so. The jury found the defendant guilty of rape in the second degree in that he was over eighteen years of age and...

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