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PEOPLE v. REYNOLDS

43 A.D.2d 856 (1974)

The People of the State of New York, Respondent, v. Ernest Reynolds, Appellant

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

January 21, 1974

Judgment affirmed.

No opinion.

Hopkins, Acting P. J., dissents and votes to reverse the judgment and to dismiss the indictment, with the following memorandum:

Defendant was indicted on two counts for rape in the first degree and on one count of possession of a weapon as a felony. He was acquitted by the jury of the rape charges and found guilty of the weapon charge. Because the proof introduced at the trial against him included what, in...

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