PEOPLE v. MULLER

107035.

155 A.D.3d 1091 (2017)

64 N.Y.S.3d 698

2017 NY Slip Op 07636

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNEST MULLER, Appellant.

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

Decided November 2, 2017.


Defendant and the female victim first met as participants in a drug rehabilitation program more than one year prior to July 6, 2013, when the victim invited defendant to her apartment and requested that he bring cocaine. After defendant arrived at approximately 9:00 p.m., they took cocaine, drank beer, smoked marihuana and had consensual...

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