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PEOPLE v. RODRIQUEZ

81 A.D.2d 513 (1981)

The People of the State of New York, Respondent, v. Tomasita Rodriquez, Appellant

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

April 7, 1981

At the outset, we must indicate that, since defendant-appellant's trial counsel failed to preserve for appellate review the two fundamental errors we find, we exercise discretion in the interest of justice to consider them on this appeal. In this bizarre case, the complainant testified that defendant accompanied him to his apartment one evening; that he stripped partially so that she might massage him; that he dozed off; that he...

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