People v. Timco

— Mikoll, J.

Appeal from a judgment of the County Court of Sullivan County (Traficanti, Jr., J.), rendered March 14, 1984, upon a verdict convicting defendant of the crimes of rape in the first degree, sodomy in the first degree and burglary in the second degree.

This appeal poses the question of whether the police, on their way to investigate a rape, legally stopped defendant walking along a highway within one-half mile of the crime scene to ascertain his identity and where he was coming from, and whether defendant’s subsequent statements made to the police were voluntary.

At about 4:00 p.m. on…