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PEOPLE v. FERGUSON

2009-11583, 2009-11584.

85 A.D.3d 813 (2011)

924 N.Y.S.2d 831

2011 NY Slip Op 5088

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE FERGUSON, Appellant.

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

Decided June 7, 2011.

Ordered that the judgments are affirmed.

Contrary to the defendant's contention, the County Court did not err in its charge to the jury as to the elements of rape in the first degree, and the charge given as to that count was not inconsistent with the applicable indictment (see Penal Law § 130.35 [1]; § 130.00 [8]; People v Charles, 61 N.Y.2d 321, 327-329 [1984]; People v Faber, 64...

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