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PEOPLE v. DOYLE

31 A.D.2d 490 (1969)

The People of the State of New York, Appellant, v. Roger G. Doyle, Respondent

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

April 14, 1969.

Attorney(s) appearing for the Case

Aaron E. Koota, District Attorney (Carl S. Wolfson of counsel), for appellant.

Zolotorofe & Sanders (August Zolotorofe of counsel), for respondent.

BRENNAN and RABIN, JJ., concur with BENJAMIN, J.; BELDOCK, P. J., dissents in opinion in which CHRIST, J., concurs.

BENJAMIN, J.

This case presents the novel question whether section 130.15 of the new Penal Law overruled People v. Lo Verde (7 N.Y.2d 114) and People v. English (16 N.Y.2d 719), so that a defendant can now be convicted of the minor offense of sexual abuse in the third degree, despite the fact that the victim's testimony establishes a consummated rape and there is no...

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