People v. Luchsinger

Judgment unanimously reversed, on the law and facts, and indictment dismissed. Memorandum: Upon conflicting proof the jury could find that in November, 1971 the 14-year-old girl in this case moved into an apartment across the street from ,the house in which her mother lived for purposes of living with her older sister; that there was evidence either that she left voluntarily or was forced out of the house by her mother; that the sister’s apartment was on the second floor of a building owned by defendant, age 33 years; that defendant operated a neighborhood grocery store on the first floor and…