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PEOPLE v. BURNS

83 A.D.2d 639 (1981)

The People of the State of New York, Appellant, v. Tyrone Burns and William Newkirk, Respondents

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

July 27, 1981

Order reversed, on the law, defendants' motions denied, verdicts reinstated and matter remitted to the Supreme Court, Kings County, for sentencing.

The defendants' postverdict motions, pursuant to CPL 330.30 (subd 1), were based upon the alleged repugnancy of the verdicts, which acquitted the defendants of the counts of rape in the first degree (Penal Law, § 130.35, subd 1) and convicted them of the counts of sexual abuse in the first degree (Penal Law, §...

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