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PEOPLE v. YEKEL

288 A.D.2d 762 (2001)

733 N.Y.S.2d 643

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT E. YEKEL, Appellant.

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

Decided November 29, 2001.

Peters, J.

After trial of a three-count indictment, defendant was found guilty of sodomy in the first degree, the top count of the indictment, and criminal trespass in the second degree, as a lesser included offense of one of the other counts. County Court subsequently granted defendant's CPL 330.30 motion to set aside the verdict and ordered a new trial of the charges on which defendant was not acquitted. Pursuant to a plea bargain,

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