PEOPLE v. McEADDY


36 A.D.2d 908 (1971)

The People of the State of New York, Respondent, v. Israel McEaddy, Appellant

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

May 4, 1971


The indictment charged, among other crimes, assault in the second degree committed in the course of and in the furtherance of the commission of a felony, to wit, rape. Under subdivision 6 of section 120.05 of the Penal Law, there was excluded from the purview of the category of assaults committed in furtherance of the commission of a felony, assaults committed during the commission of sexual offenses defined in article 130 of the Penal Law. Since rape is a felony defined...

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