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PEOPLE v. MOORHEAD

43 KA 19-02151.

2024 NY Slip Op 00502

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CORRY MOORHEAD, Defendant-Appellant.

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

Decided February 2, 2024.

Attorney(s) appearing for the Case

JULIE CIANCA , PUBLIC DEFENDER, ROCHESTER ( BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

PRESENT: LINDLEY, J.P., MONTOUR, OGDEN, AND GREENWOOD, JJ.

Appeal from a judgment of the Supreme Court, Monroe County (Judith A. Sinclair, J.), rendered October 29, 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 modified on the law by reducing the conviction of rape in the first degree (Penal Law § 130.35 [3]) to attempted rape in the first degree (§§ 110.00, 130.35 [3]) and vacating the sentence...

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