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PEOPLE v. COLON

37 A.D.2d 21 (1971)

The People of the State of New York, Respondent, v. Angel Luis Colon, Appellant

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

June 14, 1971.

Attorney(s) appearing for the Case

Milton Adler (Robert D. Croog and Ruth Jane Zuckerman of counsel), for appellant.

Eugene Gold, District Attorney (J. Mitchell Rosenberg of counsel), for respondent.

RABIN, P. J., MUNDER, SHAPIRO and BRENNAN, JJ., concur.

CHRIST, J.

The prime issue is whether section 130.15 of the new Penal Law renders the effect of People v. Lo Verde (7 N.Y.2d 114) and People v. English (16 N.Y.2d 719) inapplicable to the instant case. Specifically, can a defendant now be convicted of attempted rape in the first degree and sexual abuse in the first degree if the victim's trial testimony establishes a...

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