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PEOPLE v. JOHNSON

59 A.D.2d 884 (1977)

The People of the State of New York, Respondent, v. James B. Johnson, Appellant

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

November 29, 1977

Unanimously modified, on the law, to the extent of reversing the conviction for sexual abuse (first degree), vacating the sentence imposed thereon, and dismissing that count of the indictment, and, as so modified, affirmed.

The count of sexual abuse (first degree) was an inclusory concurrent count of rape (first degree) (cf. People v Flores, 52 A.D.2d 540). We have examined the...

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