PEOPLE v. SMITH


56 A.D.3d 894 (2008)

867 N.Y.S.2d 247

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE L. SMITH, Appellant.

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

November 13, 2008.


Kavanagh, J.

Defendant was charged in a six-count indictment with rape in the first degree, criminal sexual act in the first degree, assault in the first degree (two counts), burglary in the first degree and criminal mischief in the fourth degree stemming from an incident wherein defendant, among other things, sexually assaulted and beat his former girlfriend causing her to sustain a lacerated spleen, a punctured lung and broken ribs. After twice rejecting plea offers...

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