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PEOPLE v. WORDEN

No. 203

22 N.Y.3d 982 (2013)

3 N.E.3d 654

980 N.Y.S.2d 317

2013 NY Slip Op 7763

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT L. WORDEN, Appellant.

Court of Appeals of New York.

Decided November 21, 2013.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( Timothy S. Davis of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Nicole M. Fantigrossi of counsel), for respondent.

Order reversed, defendant's guilty plea vacated and case remitted to Monroe County Court for further proceedings on the indictment, in a memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's guilty plea vacated and the case remitted to Monroe County Court for further proceedings on the indictment.

Defendant was charged with two counts of rape in the third degree (see Penal Law § 130.25 [3]), arising from incidents of sexual intercourse with his former girlfriend. The complainant testified before the grand jury that defendant...

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