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PEOPLE v. PEPPER

59 N.Y.2d 353 (1983)

The People of the State of New York, Respondent, v. Theodore Pepper, Appellant.

Court of Appeals of the State of New York.

Decided June 30, 1983.

Attorney(s) appearing for the Case

Robert M. Cohen for appellant.

Sol Greenberg, District Attorney (George H. Barber of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, MEYER and SIMONS concur.

WACHTLER, J.

When this case was previously before us, defendant had pleaded guilty to sodomy in the second degree (Penal Law, § 130.45) in satisfaction of a five-count indictment. We determined that our holding in People v Samuels (49 N.Y.2d 218) should be applied retrospectively to cases still in the appellate process at the time that decision was announced, requiring...

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