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PEOPLE v. HILL

39 A.D.3d 1 (2007)

830 N.Y.S.2d 33

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY HILL, Appellant.

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

January 30, 2007.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York City (Barbara Zolot of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (David M. Cohn of counsel), for respondent.

GONZALEZ and CATTERSON, JJ., concur with McGUIRE, J.; SAXE, J.P., and MARLOW, J., dissent in a separate opinion by MARLOW, J.

OPINION OF THE COURT

McGUIRE, J.

In a 32-count indictment issued in March 2001, defendant was charged with raping, sodomizing and sexually abusing his daughter. In April 2002, defendant proceeded to trial before Justice Allen and a jury. Following the direct examination of defendant's daughter, however, counsel informed the court that defendant wished to plead guilty to one count of first-degree rape in full satisfaction...

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