People v. Testa

— Appeal from a judgment of the County Court of Broome County (Fischer, J.), rendered March 1, 1982, upon a verdict convicting defendant of the crime of rape in the first degree. The People’s proof disclosed that on the evening of July 26,1981, the victim, a 17-year-old prostitute, was walking home along Chenango Street in the City of Binghamton, New York, when a car approached her and the male occupants asked her if she wanted to party. She continued on and the car pulled into a driveway in front of her. Defendant, the driver, and one Steven Gordon, a passenger, left the car, told her they…