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IN THE MATTER OF KELLY v. BRUHN

3 A.D.3d 783 (2004)

771 N.Y.S.2d 561

In the Matter of ERIC KELLY, Petitioner, v. J. MICHAEL BRUHN, as County Judge of Ulster County, et al., Respondents.

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

January 22, 2004.

Rose, J.

Following trial on six charges of sodomy and sexual abuse arising out of a 1998 incident involving a 15-year-old girl, the then 31-year-old petitioner was convicted of sodomy in the third degree only. Unlike each of the other charges, the charge of sodomy in the third degree did not require proof of forcible compulsion or lack of consent (compare Penal Law § 130.50 [1], § 130.65 [1] and § 130.55, with Penal Law § 130.40 ...

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