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PEOPLE v. LOLISCIO

187 A.D.2d 172 (1993)

The People of the State of New York, Respondent, v. Christopher Loliscio, Appellant

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

February 22, 1993

Attorney(s) appearing for the Case

Roger Bennet Adler, P. C., New York City, for appellant.

James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead (Mark D. Cohen, Steven A. Hovani and Michael J. Miller of counsel), for respondent.

ROSENBLATT, RITTER and PIZZUTO, JJ., concur.

BRACKEN, J. P.

In the exercise of our factual review powers (CPL 470.15 [5]; People v Bleakley, 69 N.Y.2d 490), we find that although the evidence was sufficient to support the jury's verdict convicting the defendant of intentional murder (Penal Law § 125.25 [1]), it was not sufficient to support the jury's verdict convicting the defendant of rape (Penal Law &...

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