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PEOPLE v. HENRY

18 A.D.2d 293 (1963)

The People of the State of New York, Appellant, v. Douglas Theodore Henry, Respondent The People of the State of New York, Appellant, v. Jordan Paul Rougeaux, Respondent The People of the State of New York, Appellant, v. Ronald Deemer, Respondent The People of the State of New York, Appellant, v. Jackie Lee Buffington, Respondent The People of the State of New York, Appellant, v. Donald Joseph Edwards, Respondent

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

April 11, 1963.

Attorney(s) appearing for the Case

Joseph A. Ryan, District Attorney, for appellant.

William Francis Lynn and Gary L. Orenstein for Douglas Theodore Henry, respondent.

Gary L. Orenstein for Jordan Paul Rougeaux, respondent.

Francis R. Belge for Ronald Deemer, respondent.

John E. Shaffer for Jackie Lee Buffington, respondent.

Donald Joseph Edwards, respondent in person.

WILLIAMS, P. J., BASTOW, HALPERN, McCLUSKY and HENRY, JJ., concur.

Per Curiam.

These are appeals from the dismissal of five indictments charging each of the defendants with the crime of sodomy in the first degree in violation of subdivision 5 of section 690 of the Penal Law. In each case, a demurrer to the indictment was allowed on the ground that the facts stated in the indictment did not constitute a crime. The language of the indictment in the case of People v. Henry is...

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