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PEOPLE v. RUSSO

284 A.D. 763 (1954)

The People of the State of New York, Respondent, v. Frank Russo, Appellant

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

November 15, 1954.

Attorney(s) appearing for the Case

Hayden H. Dadd for appellant.

Edward S. Silver, District Attorney (William I. Siegel of counsel), for respondent.

ADEL, WENZEL, MACCRATE and SCHMIDT, JJ., concur.

NOLAN, P. J.

Defendant appeals from an order of the County Court, Kings County, denying his motion to vacate a judgment of that court dated November 29, 1937, convicting him of the crime of rape in the first degree, on an indictment accusing him of rape in the first degree and an assault in the second degree. A similar motion had been made in 1946, and was denied on January 16, 1947, by the same Judge who made...

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