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PEOPLE v. HADDEN

65 A.D.2d 858 (1978)

The People of the State of New York, Respondent, v. Ralph D. Hadden, Appellant The People of the State of New York, Respondent, v. William J. Evans, Jr., Appellant

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

November 16, 1978

We affirm the judgments convicting these defendants of rape in the first degree, but reverse as to that portion thereof that convicts the defendant Hadden of sodomy in the first degree. In our view, the indictment, which merely recites the language of the statute, lacks the requisite specificity and is jurisdictionally defective (People v Clough, 43 A.D.2d 451, 454; see CPL 200.50, subd 7). Moreover, lack of timely objection does...

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