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PEOPLE v. GRIFFIN

242 A.D.2d 70 (1998)

671 N.Y.S.2d 34

The People of the State of New York, Respondent, v. Patrick Griffin, Appellant

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

April 2, 1998

Attorney(s) appearing for the Case

Peter Hinckley of counsel (Morrie I. Kleinbart on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

Harvey M. Stone of counsel (Jeffrey M. Eilender on the brief; Schlam Stone & Dolan, attorneys), for appellant.

ROSENBERGER and ELLERIN, JJ., concur with WALLACH, J.; SULLIVAN, J. P., and MILONAS, J., dissent in a separate opinion by SULLIVAN, J. P.

WALLACH, J.

Defendant stands convicted, following a jury verdict, of the crimes of sodomy in the first degree (Penal Law § 130.50 [2]) and falsifying business records in the first degree (Penal Law § 175.10). The jury acquitted him on an additional charge of sexual abuse in the first degree (Penal Law § 130.65 [2]). Defendant was sentenced to an aggregate prison term of 3 1/3 to 10 years. We do...

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