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PEOPLE v. GAUTIER

148 A.D.2d 280 (1989)

The People of the State of New York, Respondent, v. Johnny Gautier, Appellant

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

July 27, 1989

Attorney(s) appearing for the Case

Stacey K. Edelbaum of counsel (Susan L. Valle with her on the brief; Paul T. Gentile, attorney), for respondent.

Frank J. Pugliese of counsel (David H. Fromm, attorney), for appellant.

ROSS, ELLERIN and WALLACH, JJ., concur with MURPHY, P. J.; KUPFERMAN, J., concurs in a separate opinion.

MURPHY, P. J.

The defendant has been convicted, after a jury trial, of two counts of rape in the first degree (Penal Law § 130.35 [1]), two counts of rape in the third degree (Penal Law § 130.25 [2]), and one count of sexual abuse in the first degree (Penal Law § 130.65 [1]). At the trial, the People introduced testimony in their case-in-chief to the effect that the defendant had either raped...

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