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PEOPLE v. LABENSKI

134 A.D.2d 907 (1987)

The People of the State of New York, Respondent, v. Ronald Labenski, Appellant

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

November 10, 1987

Judgment unanimously reversed on the law and facts and new trial granted, in accordance with the following memorandum: Defendant appeals from a judgment rendered after a jury trial convicting him of rape in the first degree (Penal Law § 130.35 [1]), sodomy in the first degree (Penal Law § 130.50 [1]), sexual abuse in the first degree (Penal Law § 130.65 [1]) and burglary in the second degree (Penal Law § 140...

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