People v. Rodriguez

Appellate Division of the Supreme Court of New York

People v. Rodriguez

65 A.D.2d 630, 409 N.Y.S.2d 709, 1978 N.Y. App. Div. LEXIS 13342

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 30, 1978

StatusPublished

This text of 65 A.D.2d 630 (People v. Rodriguez) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Rodriguez, 65 A.D.2d 630, 409 N.Y.S.2d 709, 1978 N.Y. App. Div. LEXIS 13342 (N.Y. Ct. App. 1978).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 25, 1976, convicting him of rape in the first degree, sexual abuse in the first degree and assault in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the facts, indictment dismissed, and case remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. The defendant’s guilt was not established beyond a reasonable doubt. Hopkins, J. P., Gulotta and Shapiro, JJ., concur; Martuscello, J., dissents and votes to affirm the judgment.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 25, 1976, convicting him of rape in the first degree, sexual abuse in the first degree and assault in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the facts, indictment dismissed, and case remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. The defendant’s guilt was not established beyond a reasonable doubt. Hopkins, J. P., Gulotta and Shapiro, JJ., concur; Martuscello, J., dissents and votes to affirm the judgment.

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Bluebook (online)

65 A.D.2d 630, 409 N.Y.S.2d 709, 1978 N.Y. App. Div. LEXIS 13342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rodriguez-nyappdiv-1978.