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PEOPLE v. NEWTON

8 N.Y.3d 460 (2007)

867 N.E.2d 397

835 N.Y.S.2d 546

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES W. NEWTON, JR., Appellant.

Court of Appeals of the State of New York.

Decided May 1, 2007.

Attorney(s) appearing for the Case

Mitch Kessler, Cohoes, for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

READ, J.

On March 19, 2003, defendant James W. Newton, Jr. was indicted for the crimes of sodomy in the first degree (Penal Law § 130.50 [1]), sexual abuse in the first degree (Penal Law § 130.65 [1]) and sodomy in the third degree (Penal Law § 130.40 [3]).1 The three-count indictment accused defendant of engaging in oral sex with a 19-year-old male by forcible compulsion

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