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PEOPLE v. ABRUZZI

42 N.Y.2d 813 (1977)

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

Court of Appeals of the State of New York.

Decided May 12, 1977.

Attorney(s) appearing for the Case

John R. King, District Attorney (Bridget R. Rahilly of counsel), for appellant.

Robert G. Morvillo and Betty J. Santangello for respondent.

Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE. Dissent: Judge JASEN.

Order affirmed on the opinion by Mr. Justice SAMUEL RABIN at the Appellate Division (52 A.D.2d 499).

Judge JASEN dissents and votes to reverse in the following memorandum: I would reverse the order of the Appellate Division and reinstate the judgment of conviction for the crime of sexual abuse in the first degree for the reasons stated in the opinion by Judge JOSEPH JIUDICE of the Dutchess County Court. I also agree...

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