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PEOPLE v. WHIDDEN

71 A.D.2d 367 (1979)

The People of the State of New York, Respondent, v. Bertie Otis Whidden, Jr., Appellant

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

December 27, 1979

Attorney(s) appearing for the Case

John S. Hall for appellant.

Thomas Mercure, District Attorney, for respondent.

MAHONEY, P. J., GREENBLOTT, KANE and STALEY, JR., JJ., concur.

SWEENEY, J.

Defendant was charged in a seven-count indictment with three counts of rape in the second degree (Penal Law, § 130.30), three counts of rape in the third degree (Penal Law, § 130.25, subd 2) and one count of unlawful dealing with a child (Penal Law, § 260.20, subd 4). After his motion to dismiss the first six counts of the indictment based on the unconstitutionality of section 130...

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