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PEOPLE v. BENNETT

169 A.D.2d 369 (1991)

The People of the State of New York, Respondent, v. Robert O. Bennett, Appellant

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

July 25, 1991

Attorney(s) appearing for the Case

O'Connell & Aronowitz (Stephen R. Coffey of counsel), for appellant.

David A. Wait, District Attorney, for respondent.

CASEY, J. P., and WEISS, J., concur with HARVEY, J.; CREW III and MIKOLL, JJ., dissent in an opinion by CREW III, J.

HARVEY, J.

In January 1989, a Grand Jury handed down an indictment charging defendant, a former State Trooper, with the following crimes: one count of rape in the first degree, two counts of sodomy in the first degree, one count of sexual abuse in the first degree, one count of coercion in the first degree, one count of unlawful imprisonment in the second degree and one count of official misconduct. These charges...

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