PEOPLE v. MARTUCCI


153 A.D.2d 866 (1989)

The People of the State of New York, Appellant, v. Dominick Martucci, Respondent

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

September 11, 1989


Ordered that the order is reversed, on the law, the indictment is reinstated, and the matter is remitted to the County Court, Suffolk County, for further proceedings consistent herewith.

By indictment No. 155/88, the respondent was indicted by a Suffolk County Grand Jury for rape in the first degree, rape in the second degree, sexual abuse in the first degree (three counts) and sexual abuse in the second degree (three counts). The respondent proposed that two witnesses...

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