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PEOPLE v. BOUTON

50 N.Y.2d 130 (1980)

The People of the State of New York, Respondent, v. Donald Bouton, Appellant.

Court of Appeals of the State of New York.

Decided April 29, 1980.

Attorney(s) appearing for the Case

Douglas P. Rutnik, Public Defender (Paul E. Cheeseman of counsel), for appellant.

Sol Greenberg, District Attorney (George H. Barber and Ilene R. Bergman of counsel), for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER and MEYER concur with Judge FUCHSBERG; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Judge JASEN, concurs.

FUCHSBERG, J.

Defendant Donald Bouton appeals from an order of the Appellate Division affirming a judgment entered upon a verdict of a jury, which found him guilty of sodomy (Penal Law, § 130.50, subd 1; § 130.45) and sexual abuse (Penal Law, § 130.65, subd 1). The charges stemmed from an investigation of defendant's allegedly lascivious conduct toward two juvenile complainants while they were...

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