PEOPLE v. BATTEASE

101557, 102007.

74 A.D.3d 1571 (2010)

904 N.Y.S.2d 241

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP P. BATTEASE, Appellant.

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

Decided June 17, 2010.


Lahtinen, J.

Defendant and the 22-year-old victim (a person related to defendant under Penal Law § 255.25) resided together and engaged in sexual activity during part of the months of March and April 2007. After the victim was released from a heroin detoxification program in mid-March 2007, defendant allegedly sold and supplied to her, in exchange for sex, the prescription drug Avinza, a morphine sulfate. In mid-April 2007, the victim went to police and reported...

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