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PEOPLE v. FIELDS

87 N.Y.2d 821 (1995)

660 N.E.2d 1134

637 N.Y.S.2d 355

The People of the State of New York, Respondent, v. Nathaniel Fields, Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1995.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender of Monroe County, Rochester (Stephen J. Bird of counsel), for appellant.

Howard R. Relin, District Attorney of Monroe County, Rochester (Mark W. Pedersen of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge TITONE dissents and votes to reverse in an opinion.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

At the trial of defendant on charges of rape (Penal Law § 130.35) and sexual misconduct (Penal Law § 130.20), the victim testified that on April 25, 1990, she and defendant had been smoking cocaine and he coaxed her back to her apartment where he raped and sodomized her. At around 3:30 A.M., in the midst of the crime, the victim told defendant...

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