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MATTER OF CUMMINGS v. KOPPELL

212 A.D.2d 11 (1995)

627 N.Y.S.2d 480

In the Matter of David Cummings et al., Petitioners, v. G. Oliver Koppell, as Attorney-General of The State of New York, et al., Respondents

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

June 8, 1995

Attorney(s) appearing for the Case

Charles A. Gardner, Gouverneur, for David Cummings, petitioner.

Mary J. Fahey, Syracuse, for Mariano Pistolesi, petitioner.

Gary W. Miles, Syracuse, for Mark Hartle, petitioner.

Michael J. Vavonese, Syracuse, for Gregory Streeter, petitioner.

Jerome J. Richards, Ogdensburg, for Michael Curcio, petitioner.

Dennis C. Vacco, Attorney-General, New York City (Christine Duisin of counsel), for respondents.

MIKOLL, J. P., CREW III, WHITE and YESAWICH JR., JJ., concur.

MERCURE, J.

Petitioners were indicted in St. Lawrence County in April 1992 for a single count of rape in the first degree as a result of their alleged October 26, 1991 participation in the gang rape of a woman who was incapable of giving consent because she was intoxicated to the point of unconsciousness. Following unsuccessful motions to dismiss the indictment for legal insufficiency and motions by four of the...

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