PEOPLE v. LUSCOMB

102671

68 A.D.3d 1548 (2009)

2009 NY Slip Op 10001

892 N.Y.S.2d 267

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESSE R. LUSCOMB, Appellant.

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

Decided December 31, 2009.


Garry, J.

In 2007, defendant was charged in a five-count indictment with rape in the first degree, rape in the third degree, endangering the welfare of a child, unlawfully dealing with a child, and criminal sale of marihuana in the second degree. The charges arose out of an incident in 2004 in which defendant, then 24, allegedly had sexual intercourse with the 15-year-old victim after giving her alcohol and marihuana. The victim, who was living with a 20-year-old...

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