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PEOPLE v. TEICHER

73 A.D.2d 136 (1980)

The People of the State of New York, Respondent, v. Marvin Teicher, Appellant

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

February 21, 1980

Attorney(s) appearing for the Case

Jacob W. Heller of counsel (Eli Feit with him on the briefs; Heller, Horowitz & Feit, attorneys), for appellant.

Robert M. Pitler of counsel (David H. Steiner with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

MURPHY, P. J., concurs in an opinion; FEIN, J., concurs in opinion by MURPHY, P. J., with respect to the first count and in opinions by MURPHY, P. J., and KUPFERMAN, J., with respect to second count; MARKEWICH, J., concurs in part and dissents in part in an opinion; BIRNS, J., dissents in an opinion.

KUPFERMAN, J.

The defendant, a practicing dentist, was convicted of two counts of sexual abuse in the first degree (Penal Law, § 130.65, subd 2) and sentenced to a term of four months' imprisonment. He has been at liberty pursuant to a stay of execution of the judgment and sentence pending this appeal.

The original indictment had four counts of such sexual abuse, each involving a different complainant...

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