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PEOPLE v. GILLIS

67 A.D.2d 1008 (1979)

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

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

February 26, 1979

Judgment affirmed.

In a one count indictment, the defendant was charged with the crime of rape in the first degree. The decision to prosecute him for this crime (Penal Law, § 130.35) rather than for sexual misconduct (Penal Law, § 130.20) did not deny the defendant equal protection of the law (see People v Vicaretti, 54 A.D.2d 236; People v Eboli, 34 N.Y.2d 281). Further...

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