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Articles Posted in New York

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Court Looks at Defendant’s Intent in Rape Charges

On March 25, 1991 The Supreme Court, Appellate Division, Second Department in New York heard an appeal on a case of murder associated with an attempted rape. The elements of the offense are seemingly so bizarre as to warrant mention. The offender was originally convicted on May 10, 1984, with…

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Court Discusses Issues of Discrimination and Equal Protection

The Facts: Sometime in 1977, defendant-one was indicted for the crime of Rape in the Third Degree, a criminal law violation; that defendant, over twenty-one years of age, engaged in a sexual intercourse with a female less than seventeen years of age. A New York Criminal Lawyer said that sometime…

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Rape Charges Dismissed for Lack of Evidence

The man was charged with kidnapping in the second degree, two counts of assault in the second degree, attempted rape in the first degree and attempted sexual abuse in the first degree. The man was also charged with similar counts previously involving another woman but was later dismissed. Evidently, the…

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Court Discusses Crime of Rape in the Third Degree

The Facts: Defendant was charged with robbery, larceny, assault (two counts), endangering the welfare of a child, and sexual abuse in the third degree; a six-count indictment on criminal law violations. A New York Criminal Lawyer said these the crimes were allegedly committed on 26 September 1967, the prosecution was…

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Rape Trauma Syndrome Discussed by Appellate Court

The Facts: On 10 September 1988, the victim, a married college professor, was driving from her home to a family wedding when, at about 7:30 P.M., she was stopped on the Northway by defendant, then a uniformed State Trooper. At defendant’s request, she gave him her license and registration. Defendant…

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Defendant Contends Incriminating Evidence Being Used

On August 24, 1977, a woman reported to the police that she had been raped that morning. One month after the reported rape, the District Attorney applied to the court to compel the accused to participate in a line up in connection with the investigation of the August 1977 rape.…

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