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PEOPLE v. SMITH

192 A.D.2d 806 (1993)

596 N.Y.S.2d 539

The People of the State of New York, Respondent, v. Eric Smith, Appellant

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

April 15, 1993

Levine, J.

Defendant was indicted for rape in the first degree and aggravated sexual abuse in the second degree arising out of an incident allegedly occurring on January 16, 1991 at the complainant's second floor flat in the City of Cohoes, Albany County. The complainant's testimony was that, during an afternoon social visit, defendant sexually attacked her by pushing her off a sofa on to the floor, violently...

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