PEOPLE v. BARTON


301 A.D.2d 747 (2003)

752 N.Y.S.2d 174

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARL BARTON, Appellant.

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

Decided January 9, 2003.


Crew III, J.P.

On November 15, 1998, a take-out order was made by phone to the Madison Wok located in the City of Albany. The victim subsequently delivered the food to the address given, whereupon defendant threatened her with a piece of broken glass and attempted to rape her. The victim, however, was able to escape and return to the Madison Wok, at which point one of her sisters called the police. As a consequence, defendant was indicted and charged with attempted...

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