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PEOPLE v. SMITHERS

255 A.D.2d 916 (1998)

683 N.Y.S.2d 680

The People of the State of New York, Respondent, v. Boice F. Smithers, Jr., Appellant. (Appeal No. 1.)

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

November 13, 1998

Judgment unanimously affirmed.

Memorandum:

Defendant failed to preserve for our review his present contention that the two acts of sodomy that allegedly occurred on January 29, 1995, were part of a continuous course of conduct and should have been charged as a single offense. In any event, that contention lacks merit. According to the victim, there were two separate and distinct acts of deviate sexual intercourse...

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