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PEOPLE v. McDAVIS

97 A.D.2d 302 (1983)

The People of the State of New York, Respondent, v. Darryl McDavis, Appellant

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

December 16, 1983

Attorney(s) appearing for the Case

Rose H. Sconiers (Joseph Mistrett of counsel), for appellant.

Richard J. Arcara (Louis Haremski of counsel), for respondent.

HANCOCK, JR., J. P., CALLAHAN, DENMAN and MOULE, JJ., concur.

BOOMER, J.

During the course of an attempted rape, the defendant stabbed the victim six times in the chest and breast and twice in the abdomen. After a jury trial, the defendant was convicted of attempt to commit murder in the second degree, two counts of assault in the first degree, attempt to commit rape in the first degree, and criminal possession of a weapon.

On appeal, defendant urges three grounds...

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