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PEOPLE v. SAUNDERS

97 A.D.2d 519 (1983)

The People of the State of New York, Respondent, v. Gregory Saunders and Donald Linton, Appellants

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

October 24, 1983

Judgments reversed, on the law, the charge of attempted rape in the first degree as a lesser included offense under count No. 27 of indictment No. 1105/80 against defendant Linton is dismissed without prejudice to the People to re-present any appropriate charge to another Grand Jury (see People v Beslanovics, 57 N.Y.2d 726), and a new trial is ordered with respect to the remaining counts of the consolidated indictment.

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