PEOPLE v. FLORES


84 N.Y.2d 184 (1994)

639 N.E.2d 19

615 N.Y.S.2d 662

The People of the State of New York, Respondent, v. Rafael Flores, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1994.


Attorney(s) appearing for the Case

Howard A. Pincus, New York City, and Ira Mickenberg for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Daniel S. Ratner, Joseph N. Ferdenzi and Billie Manning of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, SMITH and LEVINE concur with Judge BELLACOSA; Judge TITONE dissents and votes to reverse in a separate opinion in which Judge CIPARICK concurs.


BELLACOSA, J.

Defendant was convicted after a jury trial of four counts of sodomy in the first degree (Penal Law § 130.50 [1], [2]), charges arising out of his deviate sexual intercourse with a six-year-old boy who lived in defendant's apartment building. The judgment was affirmed by the Appellate Division, and a Judge of this Court granted leave to appeal. The sole dispositive issue before this Court is...

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