PEOPLE v. DAVIS


72 A.D.2d 749 (1979)

The People of the State of New York, Respondent, v. Joseph Davis, Appellant

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

November 5, 1979


Judgment modified, on the law, by reversing the conviction of sexual abuse in the first degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed.

On these facts the crime of sexual abuse was an inclusory concurrent count of the crimes of rape and sodomy, and the People so concede. Accordingly, the judgment of conviction should be modified as indicated. Read as a whole, the court's charge on intent was proper. As...

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