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PEOPLE v. MACK

2180, 5730/08

76 A.D.3d 877 (2010)

908 N.Y.S.2d 181

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JASON MACK, Respondent.

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

Decided September 21, 2010.

Defendant was charged with sexual abuse in the first and third degrees under a prior indictment. By the first-degree sexual abuse count it was alleged that on March 22, 2002 defendant subjected another to sexual contact by forcible compulsion.1 Upon defendant's motion and after inspecting the grand jury minutes, the court reduced the first-degree sexual abuse charge to another charge of third-degree sexual abuse. The court based its determination...

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