PEOPLE v. VARGAS


88 N.Y.2d 856 (1996)

666 N.E.2d 1357

644 N.Y.S.2d 484

The People of the State of New York, Respondent, v. George Vargas, Appellant.

Court of Appeals of the State of New York.

Decided May 2, 1996.


Attorney(s) appearing for the Case

Lynn W. L. Fahey, Brooklyn, for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Linda Cantoni and Steven J. Chananie of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Complainant, a 33-year-old woman, claimed that on February 22, 1992 she entered an elevator in her Queens apartment building, followed by defendant, who pinned her in the corner, threatened to kill her, blindfolded her and dragged her to the roof landing where he raped and sodomized her. She stated that after the attack, and...

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