PEOPLE v. FULTON


13 A.D.3d 1217 (2004)

786 N.Y.S.2d 760

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALVIN FULTON, JR., Also Known as Shaik S., Also Known as SHAIKH S. ABDMUQTADIR, Appellant.

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

December 30, 2004.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him, upon a jury verdict, of course of sexual conduct against a child in the first degree (Penal Law § 130.75 [1] [a]). The record does not support the contention that defendant was arraigned on the indictment before it was filed. In any event, case law establishes that the language of CPL 190...

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