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PEOPLE v. KENNEY

738 KA 19-01646.

209 A.D.3d 1301 (2022)

176 N.Y.S.3d 408

2022 NY Slip Op 05645

The People of the State of New York, Respondent, v. Erik G. Kenney, Appellant.

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

Decided October 7, 2022.

Attorney(s) appearing for the Case

PETER J. DIGIORGIO, JR. , UTICA, FOR DEFENDANT-APPELLANT.

JEFFREY S. CARPENTER , DISTRICT ATTORNEY, HERKIMER ( MICHAEL T. JOHNSON OF COUNSEL), FOR RESPONDENT.

Present —Whalen, P.J., Centra, Peradotto, Lindley and NeMoyer, JJ.

Appeal from a judgment of the Herkimer County Court (John H. Crandall, J.), rendered March 28, 2019. The judgment convicted defendant, upon a jury verdict, of rape in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of rape in the first degree (Penal Law § 130.35[1]), arising...

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