People v. Halmond

OPINION OF THE COURT

Donald J. Mark, J.

The defendant, who was 39 years of age, was charged with the crimes of rape in the first degree and rape in the second degree as a result of his allegedly engaging in forcible sexual intercourse with a female who was 13 years of age. The defendant was properly tried in absentia (People v Larkin, 281 AD2d 915, 916), and the defendant’s attorney on his behalf indicated that inconsistent defenses would be proffered (People v Kalaj, 247 AD2d 633, 634), i.e., that the defendant had not engaged in sexual relations with the complainant (see People v White, 261…