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PEOPLE v. MOORE

98 A.D.2d 953 (1983)

The People of the State of New York, Respondent, v. Edward Moore, Appellant

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

December 16, 1983

Judgment unanimously affirmed.

Memorandum:

The trial court properly refused defendant's request to charge sexual abuse because on this record there was no reasonable view of the evidence that would support a finding that the defendant committed only sexual abuse but not rape (CPL 300.50, subd 1; see People v Shuman, 37 N.Y.2d 302, 304; cf. People v Green, 56 N.Y.2d 427)....

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