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PEOPLE v. LO VERDE

7 N.Y.2d 114 (1959)

The People of the State of New York, Respondent, v. Leonard J. Lo Verde, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

Charles J. McDonough for appellant.

Julian Hanley, District Attorney, for respondent.

Chief Judge CONWAY and Judges FULD and VAN VOORHIS concur with Judge FROESSEL; Judge DESMOND concurs for reversal for the reasons given by Judge FROESSEL, and for the further reason that this was clearly a conviction for "defilement" within the meaning of section 2013 of the Penal Law (see Beyer v. People, 86 N.Y. 369, 371; Schicker v. People, 88 N.Y. 192, 194; State v. Besares, 75 Utah. 141); Judge BURKE dissents in an opinion in which Judge DYE concurs.

FROESSEL, J.

Defendant was indicted on three separate counts: (1) first degree rape (Penal Law, § 2010); (2) assault with intent to commit rape (Penal Law, § 242), and (3) endangering the health and morals of a 15-year-old minor (Penal Law, § 483). He was acquitted of the first degree rape charge. The assault count was dismissed on consent at the close...

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