PEOPLE v. CHRISTMAN


23 N.Y.2d 429 (1969)

The People of the State of New York, Respondent, v. Miles Christman and Thomas J. Kress, Appellants.

Court of Appeals of the State of New York.

Decided January 9, 1969.


Attorney(s) appearing for the Case

John Van Voorhis and Eugene Van Voorhis for Thomas J. Kress, appellant.

Richard S. Fischer for Miles Christman, appellant.

John C. Little, Jr., District Attorney (Norman A. Palmiere of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN concur.


Per Curiam.

Defendants have been convicted of attempted rape, first degree, sodomy, first degree, and of two counts of assault in the second degree, one with attempt to commit sodomy, the other with attempt to commit rape. Both defendants offered proof of alibis; but neither testified at the trial. After arrest Kress refused to make any statement to the police except to identify himself; Christman made no admission...

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