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  5. 81 N.Y.2d 41 (1993)
 

PEOPLE v. QUEVAS

81 N.Y.2d 41 (1993)

The People of the State of New York, Respondent, v. Raymond Quevas, Appellant.

Court of Appeals of the State of New York.

Decided February 23, 1993.

Attorney(s) appearing for the Case

Elon Harpaz, New York City, and Philip L. Weinstein for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Emil Bricker and Barbara D. Underwood of counsel), for respondent.

Acting Chief Judge SIMONS and Judges KAYE and HANCOCK, JR., concur with Judge SMITH; Judge BELLACOSA dissents and votes to affirm in a separate opinion in which Judge TITONE concurs.

SMITH, J.

Defendant was convicted, after a jury trial, of four counts of sodomy in the first degree (Penal Law § 130.50) and related crimes. The testimony was that on several occasions, the defendant and another man took the complainant, a 14-year-old somewhat retarded youngster, to the basement of a building and sodomized him.

The sole issue on this appeal is whether the prosecutor laid a proper...

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