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PEOPLE v. GILLIS

93 Misc.2d 43 (1978)

The People of the State of New York, Plaintiff, v. James Gillis, Defendant.

Supreme Court, Westchester County.

February 9, 1978

Attorney(s) appearing for the Case

Kevin Acton for defendant. Carl A. Vergari, District Attorney (Kevin Kitson of counsel), for plaintiff.

DUNCAN S. McNAB, J.

Upon a jury trial, defendant was found guilty of the crime of rape in the first degree, by forcible compulsion. Prior to summation, defendant requested, and the court denied, certain "downcharges", to wit, sexual misconduct, harassment, and assault in the third degree. The law is clear that the first two of these are not lesser included offenses of rape in the first degree. (See, with respect...

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