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STATE v. ROSE

622 A.2d 78 (1993)

STATE of Maine v. Gerald ROSE.

Supreme Judicial Court of Maine.

Decided March 11, 1993.

Attorney(s) appearing for the Case

Michael Cantara, Dist. Atty. (David Gregory, of counsel), Alfred, for plaintiff.

Robert A. Levine, Portland, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS and RUDMAN, JJ.

RUDMAN, Justice.

Gerald Rose appeals from a judgment entered on a jury verdict in the Superior Court (York County, Fritzsche, J.) convicting him of attempted gross sexual assault and unlawful sexual contact, 17-A M.R.S.A. §§ 253, 255 (Supp.1992). On appeal, Rose contends that the State improperly invited the jury to draw an adverse inference from Rose's presence at trial. Because Rose failed to move for a mistrial following the trial court's curative...

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