PEOPLE v. SHEPHERD

103720.

83 A.D.3d 1298 (2011)

921 N.Y.S.2d 666

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN R. SHEPHERD, Appellant.

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

Decided April 21, 2011.


GARRY, J.

In April 2003, the victim, who was then 79 years old, alleged that she awoke in bed in her home in the Town of Arietta, Hamilton County to discover that defendant was lying on top of her with his penis inside her vagina. Defendant gave a statement to State Police investigators in which he acknowledged having sexual intercourse with the victim after delivering mail to her home, but alleged that the encounter was consensual. Defendant further claimed that...

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