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PEOPLE v. SMITH

101201.

85 A.D.3d 1297 (2011)

924 N.Y.S.2d 223

2011 NY Slip Op 4772

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK E. SMITH, Appellant.

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

Decided June 9, 2011.

KAVANAGH, J.

In September 2002, defendant was convicted following a jury trial of the crimes of rape in the first degree, sodomy in the first degree, burglary in the first degree, criminal contempt in the first degree, aggravated criminal contempt, assault in the second degree and menacing in the second degree in relation to an incident that occurred on October 23, 2001. After being sentenced, an appeal was taken and this Court affirmed his convictions (People...

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