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People v. Lewis

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1985
112 A.D.2d 702 (N.Y. App. Div. 1985)

Opinion

July 12, 1985

Appeal from the Supreme Court, Erie County, Marshall, J.

Present — Dillon, P.J., Doerr, Boomer, O'Donnell and Pine, JJ.


Judgment unanimously affirmed. Memorandum: Defendant's conviction of sexual abuse in the first degree was legally permissible, based on proof that he bit complainant's breasts by forcible compulsion, even though the jury acquitted him of rape and sodomy charges involving conduct during the same incident (Penal Law § 130.65; § 130.00 [3]; see, People v. Ditta, 52 N.Y.2d 657).

We have examined defendant's other claims of error and find them to be without merit.


Summaries of

People v. Lewis

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1985
112 A.D.2d 702 (N.Y. App. Div. 1985)
Case details for

People v. Lewis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDDIE L. LEWIS…

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

Date published: Jul 12, 1985

Citations

112 A.D.2d 702 (N.Y. App. Div. 1985)

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