PEOPLE v. POWERS


42 A.D.3d 816 (2007)

839 N.Y.S.2d 865

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JIMMY K. POWERS, Appellant.

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

Decided July 26, 2007.


Crew III, J.P.

Defendant was charged with and convicted of sodomy in the second degree involving the then 14-year-old daughter of the woman with whom he was living at the time and subsequently married. Following his conviction, County Court sentenced defendant to 2¼ to 6¾ years in prison. Defendant now appeals.

During the course of the investigation leading to the indictment of defendant, the police recorded a telephone conversation between defendant...

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