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PEOPLE v. TERRY

102410.

85 A.D.3d 1485 (2011)

926 N.Y.S.2d 216

2011 NY Slip Op 5585

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

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

Decided June 30, 2011.

PETERS, J.

On January 29, 2008, defendant and the victim were engaging in consensual sexual intercourse when, according to the victim, defendant became physically and verbally aggressive and refused her requests to stop. Defendant was thereafter indicted for rape in the first degree and rape in the third degree. Following a jury trial, he was convicted of rape in the first degree and sentenced, as a second felony offender...

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