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PEOPLE v. GONZALEZ

171 A.D.2d 127 (1991)

The People of the State of New York, Respondent, v. Demetrio Gonzalez, Appellant

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

September 30, 1991

Attorney(s) appearing for the Case

Philip L. Weinstein (Arthur H. Hopkirk of counsel), for appellant.

Charles J. Hynes, District Attorney (Jay M. Cohen, Michael Gore, Robyn G. Nir and William Harrington of counsel), for respondent.

BRACKEN, J. P., and HARWOOD, J., concur with LAWRENCE, J.; ROSENBLATT and BALLETTA, JJ., concur in part and dissent in part in an opinion by ROSENBLATT, J.

LAWRENCE, J.

The defendant was charged, inter alia, with kidnapping in the second degree (Penal Law § 135.20), assault in the second degree (two counts) (Penal Law § 120.05 [2], [6]), attempted rape in the first degree (Penal Law §§ 110.00, 130.35 [1]), and attempted sexual abuse in the first degree (Penal Law §§ 110.00, 130.65 [1]), based on events which allegedly occurred...

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