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PEOPLE v. TESTA

103 A.D.2d 973 (1984)

The People of the State of New York, Respondent, v. Rudolph Gene Testa, Appellant

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

July 26, 1984

¶ On May 12, 1983, this court reversed defendant's conviction of rape in the first degree on the ground that the trial court abused its discretion as a matter of law in finding that no substantial right of defendant was affected by the inadvertent disclosure during the jury's deliberations that a codefendant had pleaded guilty (94 A.D.2d 852). The People appealed and, on March 29, 1984, the Court of Appeals reversed our decision and...

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