PEOPLE v. PIERCE, JR.


266 A.D.2d 721 (1999)

698 N.Y.S.2d 753

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLARENCE E. PIERCE, JR., Appellant.

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

Decided November 24, 1999.


Yesawich Jr., J.

As a consequence of engaging in deviate sexual intercourse with an 11-year-old male and an eight-year-old female on June 28, 1997 in the Town of Windsor, Broome County, defendant was convicted as previously noted. Sentenced to an aggregate, indeterminate term of imprisonment of 32 to 64 years, defendant appeals.

Defendant takes issue with County Court's determination, made during trial and after a hearing (see, CPL 65.20 [5]), that...

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