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PEOPLE v. THOMPSON

70 A.D.2d 968 (1979)

The People of the State of New York, Appellant, v. Frank Thompson, Jr., Respondent

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

June 7, 1979

On January 12, 1978, defendant was indicted for the crime of assault in the first degree in violation of subdivision 1 of section 120.10 of the Penal Law, a class C felony. The indictment alleged that on January 8, 1978, defendant repeatedly whipped Frank Thompson, III, with an electric cord, causing serious physical injury consisting of lacerations of the back, buttocks and genital area. On March 3, 1978, defendant moved to dismiss the indictment on the ground that the victim...

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