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PEOPLE v. HENDRICKS

222 A.D.2d 74 (1996)

646 N.Y.S.2d 845

The People of the State of New York, Respondent, v. John Hendricks, Appellant

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

August 19, 1996

Attorney(s) appearing for the Case

Kunstler & Kuby, New York City (Ronald L. Kuby of counsel), for appellant.

Denis Dillon, District Attorney of Nassau County, Mineola (Tammy J. Smiley and John F. McGlynn of counsel), for respondent.

MILLER and O'BRIEN, JJ., concur with BALLETTA, J. P.; COPERTINO, J., concurs in result only in a separate opinion.

BALLETTA, J. P.

The defendant was convicted of attempted rape in the first degree based on a November 19, 1992 incident during which the defendant attempted to rape his live-in girlfriend. On appeal, the defendant claims that the trial court committed reversible error when it permitted the People, during their direct case, to introduce police testimony that the defendant, after being advised of his Miranda...

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