PETERS, J.
On the morning of June 14, 2007, Virginia Candelaria called 911 reporting that she had arrived at her apartment in the City of Elmira, Chemung County to find the victim, her roommate's 13-year-old daughter, engaged in sexual intercourse with a man later identified as defendant, who was 37 years old at the time. Following a jury trial, defendant was convicted of rape in the second degree, petit larceny and criminal mischief in the fourth degree. County Court...
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