PEOPLE v. KELLAR


218 A.D.2d 406 (1996)

640 N.Y.S.2d 908

The People of the State of New York, Respondent, v. Rae T. Kellar, Appellant

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

April 11, 1996


Attorney(s) appearing for the Case

John T. Casey, Jr., Albany, for appellant.

Mary O. Donohue, District Attorney of Rensselaer County, Troy (Bruce E. Knoll of counsel), for respondent.

CARDONA, P. J., WHITE, PETERS and SPAIN, JJ., concur.


MERCURE, J.

In June 1989 defendant was indicted for various counts of rape, sodomy and sexual abuse as the result of a May 29, 1989 incident in which, a jury ultimately determined, defendant subjected a 16-year-old female victim to forcible sexual intercourse. In his trial testimony, defendant acknowledged his participation in the encounter, but insisted that his sexual activity with the victim was wholly consensual...

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