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PEOPLE v. SMITH

9 A.D.3d 745 (2004)

779 N.Y.S.2d 853

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MARK E. SMITH, Appellant.

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

July 22, 2004.

CREW III, J.

Defendant was indicted and charged with, inter alia, three instances of rape involving his former girlfriend, which allegedly occurred on October 3, 2001, October 9, 2001 and October 23, 2001. Following a jury trial, defendant was acquitted on all of the charges arising out of the incidents allegedly occurring on October 3, 2001 and October 9, 2001, but convicted of the crimes of rape, sodomy, burglary, criminal contempt, aggravated criminal contempt...

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