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PEOPLE v. SPOSITO

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140 A.D.3d 1308 (2016)

32 N.Y.S.3d 736

2016 NY Slip Op 04467

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH SPOSITO, Appellant.

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

Decided June 9, 2016.

Defendant was indicted in February 2011 for the crimes of rape in the first degree, criminal sexual act in the first degree and tampering with physical evidence. The charges stemmed from allegations that defendant engaged in sexual intercourse and anal sexual conduct with the victim, who was incapable of consent by virtue of being...

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