PEOPLE v. WILLIAMS


81 N.Y.2d 303 (1993)

The People of the State of New York, Respondent, v. Martin Williams, Appellant. The People of the State of New York, Respondent, v. Otis Fearon, Appellant. The People of the State of New York, Respondent, v. Bruce Richardson, Appellant.

Court of Appeals of the State of New York.

Decided May 11, 1993.


Attorney(s) appearing for the Case

C. Vernon Mason, New York City, and Valerie A. Hawkins for appellant in the first above-entitled action.

Slotnick & Baker, New York City (Mark M. Baker, Barry I. Slotnick and Lori E. Mann of counsel), for appellant in the second above-entitled action.

Richard E. Haftel, New York City, for appellant in the third above-entitled action.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Anthea H. Bruffee, Jay M. Cohen and Roseann B. MacKechnie of counsel), for respondent in the first, second and third above-entitled actions.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Barbara D. Underwood and Tammy J. Smiley of counsel), pro se, and Robert T. Johnson for New York State District Attorneys Association, amici curiae in the first, second and third above-entitled actions.

Bermingham, Cook & Mahoney, P. C., Buffalo (Mark J. Mahoney of counsel), for New York State Association of Criminal Defense Lawyers, amicus curiae in the first, second and third above-entitled actions.

Lynn Hecht Schafran, New York City, Danielle Ben-Jehuda and Deborah Ellis for NOW Legal Defense and Education Fund and others, amici curiae in the second above-entitled action.

Chief Judge KAYE and Judges TITONE, HANCOCK, JR., and SMITH concur with Judge SIMONS; Judge BELLACOSA dissents and votes to reverse in a separate opinion.


SIMONS, J.

Defendants have been convicted of multiple counts of rape and sodomy in the first degree. The charges arose after a New Jersey woman alleged defendants forced her into a car outside a Manhattan dance club, took her to a Brooklyn apartment and there raped and sodomized her. At trial, defendants sought to introduce evidence purportedly showing that the woman had previously engaged in group sex. They...

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