The Facts:
On 27 August 1979 at about 6:00 P.M., the complainant, a forty-nine year old woman, who was five feet tall and who weighed 130 pounds, entered the lobby of her apartment building. She was returning home from work. When an elevator arrived, the complainant entered and pressed the button for the tenth floor where her apartment was located. A young male entered the elevator with her and pressed the button for another floor. A New York Criminal Lawyer said the next thing the complainant noticed was the elevator stopping. Upon looking up to see if it was her floor, she saw the defendant standing by the elevator buttons, manipulating them. She also saw that the elevator was stopped between floors, with the door to the elevator shaft being open. However, the alarm bell of the elevator did not go off. Allegedly, the young male, a fifteen year old, who was approximately five feet seven inches tall and weighed in excess of two hundred pounds, turned around and told her to take her clothes off, and undress. When the complainant did not respond, the defendant repeated this demand. A New York Criminal Lawyer said the complainant then complied and was subjected to acts of sexual intercourse and sodomy during the next ten to fifteen minutes. Following this, the defendant told the complainant to get dressed, and he started the elevator back up, eventually getting out at the twenty-second floor. The complainant was then able to get the elevator back down to her floor, where she got out, went into her apartment, and called the development’s security police force. They then contacted the New York City Police Department. The defendant was identified by the complainant later that evening at the security police offices and was arrested.
Thereafter, the defendant was indicted on charges of Rape in the First Degree and Sodomy in the First Degree.
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