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PEOPLE v. JENKINS

1517 KA 09-01367.

79 A.D.3d 1767 (2010)

913 N.Y.S.2d 634

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY JENKINS, Appellant.

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

Decided December 30, 2010.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a nonjury verdict of, inter alia, predatory sexual assault against a child (Penal Law § 130.96). Defendant contends that the People unconstitutionally burdened his right to go to trial by charging him with both predatory sexual assault against a child and rape in the first degree (§ 130.35 [4]) and then seeking...

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