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PEOPLE v. SPOSITO

111155.

193 A.D.3d 1236 (2021)

147 N.Y.S.3d 195

2021 NY Slip Op 02441

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 April 22, 2021.

Attorney(s) appearing for the Case

Barket Epstein Kearon Aldea & LoTurco, LLP, Garden City ( Donna Aldea of counsel), for appellant.

P. David Soares , District Attorney, Albany ( Michael C. Wetmore of counsel), for respondent.

Garry, P.J., Clark and Aarons, JJ., concur.

Defendant faced charges following his sexual encounter with a victim who was allegedly physically helpless and incapable of consent due to her intoxication. Following a 2012 jury trial, he was convicted of rape in the first degree and criminal sexual act in the first degree. His subsequent motion for forensic DNA testing pursuant to...

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