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STATE v. DUKE

(AC 17541)

48 Conn. App. 71 (1998)

STATE OF CONNECTICUT v. JAMES DUKE

Appellate Court of Connecticut.

Officially released February 17, 1998.

Attorney(s) appearing for the Case

Peter B. Prestley, with whom was Louis W. Flynn, Jr., for the appellant (defendant).

Toni M. Smith-Rosario, deputy assistant state's attorney, with whom, on the brief, were James E. Thomas, state's attorney, and Mary Rose Flaherty, assistant state's attorney, for the appellee (state).

Foti, Hennessy and Sullivan, JS.

Opinion

FOTI, J.

The defendant, James Duke, appeals from the denial of his motion to dismiss the charges1 of two counts of sexual assault in the second degree in violation of General Statutes § 53a-71.2 In his motion, the defendant argued that his continued prosecution would violate his rights, under the fifth and fourteenth amendments to the United States constitution and article first...

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