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PEOPLE v. ABRUZZI

52 A.D.2d 499 (1976)

The People of the State of New York, Respondent, v. William Abruzzi, Appellant

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

June 21, 1976

Attorney(s) appearing for the Case

Martin, Obermaier & Morvillo (Robert G. Morvillo and Betty J. Santangelo of counsel), for appellant.

John R. King, District Attorney (Jennifer L. VanTuyl of counsel), for respondent.

MARTUSCELLO and MARGETT, JJ., concur with RABIN, J.; HOPKINS, Acting P. J., dissents and votes to affirm the orders insofar as reviewed and to affirm the judgment, in an opinion, in which COHALAN, J., concurs.

RABIN, J.

This is an appeal from a judgment of the County Court of Dutchess County, rendered December 8, 1975, convicting the defendant, upon his plea of guilty, of the crime of sexual abuse in the first degree, in full satisfaction of an indictment which charged him with sodomy, rape and various degrees of sexual abuse. The appeal brings up for review, inter alia, the denial of the branch of defendant...

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