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PEOPLE v. CASTELLO

2015-03628, Ind. No. 3891/13.

176 A.D.3d 730 (2019)

110 N.Y.S.3d 425

2019 NY Slip Op 07085

The People of the State of New York, Respondent, v. Bennett Castello, Appellant.

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

Decided October 2, 2019.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Kathleen Whooley of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Gamaliel Marrero of counsel), for respondent.

Austin, J.P., Roman, Miller and Brathwaite Nelson, JJ., concur.

Ordered that the judgment is modified, on the law, by vacating the convictions of rape in the first degree (two counts), vacating the sentences imposed thereon, and dismissing those counts of the indictment; as so modified, the judgment is affirmed.

The defendant was charged with committing sexual offenses against the then-13-year-old complainant. On April 29, 2013, the complainant allegedly was followed into her apartment...

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