Lucey v. State

— Appeal from a judgment, entered August 14, 1978, upon a decision of the Court of Claims. Resolution of this matter requires a brief recitation of the facts. On the evening of January 14, 1974 Deputy Chief Inspector Dakin of the New York State Police drove his 15-year-old daughter Denise to an outdoor skating rink near their home. Dakin instructed his daughter to telephone at 9:00 p.m. for transportation home. At the rink Denise met a young man named Gary Kane who had previously provoked her parents’ displeasure by his conduct. She left the rink in Kane’s truck. At 9:00 p.m. Dakin returned…