PEOPLE v. DAVENPORT


233 A.D.2d 771 (1996)

650 N.Y.S.2d 418

The People of the State of New York, Respondent, v. Donald G. Davenport, Appellant

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

November 27, 1996


Spain, J.

Defendant was indicted on October 12, 1994 for rape in the second degree for engaging in sexual intercourse with a 12-year-old female. The indictment alleged that the crime occurred "on or about October 1990". At the 1995 trial, the prosecution presented three witnesses: the victim, who was 16 years old at the time of trial; the victim's sister, who was 14 years old at the time of the trial; and the son of defendant's paramour, who was 14 years...

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