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PEOPLE v. BURCH

281 A.D. 348 (1953)

The People of the State of New York, Respondent, v. Earl W. Burch, Appellant

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

March 20, 1953.

Attorney(s) appearing for the Case

John M. Liddy, District Attorney (Dominick J. Parry of counsel), for respondent.

Joseph Serino for appellant.

All concur. Present — TAYLOR, P. J., McCURN, KIMBALL, PIPER and WHEELER, JJ.

TAYLOR, P. J.

This is an appeal from a judgment of the County Court of the County of Oneida, convicting the defendant of the crime of rape in the second degree.

The defendant was tried upon an indictment containing a single count charging him with the commission of the crime of rape in the first degree, committed as follows: "The said defendant, on or about the 23rd day of March, 1952, at the Town of Rome...

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