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PEOPLE v. FULLER

66 A.D.2d 27 (1979)

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

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

January 25, 1979

Attorney(s) appearing for the Case

E. Stewart Jones, Jr., for appellant.

Sol Greenberg, District Attorney (George H. Barber of counsel), for respondent.

MAHONEY, P. J., and KANE, J., concur with GREENBLOTT, J.; SWEENEY, J., concurs in part and dissents in part in an opinion; STALEY, JR., J., dissents and votes to reverse in a separate opinion.

GREENBLOTT, J.

Defendant was indicted on two counts of rape in the first degree, the first count charging that defendant violated subdivision 1 of section 130.35 of the Penal Law in that, on or about November 4, 1976, he engaged in forcible sexual intercourse with the complainant Dawn Greko. The second count charged defendant at the same time and place with violation of subdivision 3 of section 130.35 of the Penal...

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