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PEOPLE v. MANDEL

61 A.D.2d 563 (1978)

The People of the State of New York, Respondent, v. Gary Mandel, Michael De Vito and Theodore Buckley, Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 20, 1978

Attorney(s) appearing for the Case

Goldman & Hafetz (Lawrence Hochheiser, Frederick P. Hafetz, Lawrence S. Goldman and Kenneth Aronson of counsel), for Gary Mandel, appellant.

Murray S. Bornstein for Michael De Vito and Andrew E. Kuchinsky for Theodore Buckley, appellants (one brief).

John J. Santucci, District Attorney (Annamarie Policriti and Bruce Whitney of counsel), for respondent.

Greenbaum, Wolff & Ernst (Harriet F. Pilpel, Frederic S. Nathan, Eve W. Paul and Michael J. Burnett of counsel), for Planned Parenthood of New York City, Inc., amicus curiae.

Elizabeth M. Schneider and Nancy Stearns (Chris Howard, Richard Greenblatt and Fannette Pollack on the brief), for Queens Women Against Rape and another, amici curiae.

MARGETT, J., concurs with O'CONNOR, J.; RABIN, J., concurs in the result, with an opinion; MARTUSCELLO, J., and HOPKINS, J. P., dissent and vote to affirm the judgments, with separate opinions, each of them concurring in the opinion of the other.

O'CONNOR, J.

The judgments appealed from are reversed, on the law, and a new trial is ordered.

The defendants were indicted for the crimes of rape in the first degree, sodomy in the first degree, sexual abuse in the first degree and assault in the second degree. Although the alleged crimes occurred on April 4, 1975, the trial did not commence until October 21, 1975. The trial court determined that the...

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