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PEOPLE v. SWAIN

171 A.D.2d 765 (1991)

The People of the State of New York, Respondent, v. James Swain, Appellant

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

March 11, 1991

Ordered that the judgment is modified, on the law, by reducing the sentence imposed on the defendant's conviction of sexual abuse in the first degree from six to twelve years imprisonment to three and one-half to seven years imprisonment; as so modified, the judgment is affirmed.

The defendant's claim that the complainant should have testified at the Wade hearing is without merit. It is well settled that only when...

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