PEOPLE v. SMITH


27 A.D.3d 894 (2006)

811 N.Y.S.2d 488

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLIFFORD LEE SMITH, Appellant.

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

March 16, 2006.


Spain, J.

Defendant was convicted, following a jury trial, of rape and burglary in the first degree and assault in the second degree. The jury's verdict followed testimony from the victim that after 10:00 P.M. on the night of October 4, 2002, defendant — a stranger — engaged her in conversation on a public bus and then followed her, at a distance, when she got off the bus in the City of Albany. He entered her apartment building behind her without permission...

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