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PEOPLE v. IMPERIALE

14 Misc.2d 887 (1957)

The People of the State of New York, Plaintiff, v. John Imperiale, Defendant.

Court of Special Sessions of the City of New York, Kings County.

January 31, 1957.

Attorney(s) appearing for the Case

Cooperman & Low (Arthur Cooperman of counsel), for defendant.

Edward S. Silver, District Attorney (Louis Cohen of counsel), for plaintiff.

THOMPSON and MAHONEY, JJ., concur.

BENJAMIN GASSMAN, J.

The defendant, convicted of rape as a misdemeanor and assault in the third degree, moves to set aside a judgment of conviction as being contrary to law and contrary to facts.

It is defendant's contention that the judgment of conviction should be set aside because —

(1) More than 280 days elapsed between the date of the last act of sexual intercourse and the date of...

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