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PEOPLE v. DUKES

KA 06-01302.

2008 NY Slip Op 06066

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JESSIE J. DUKES, ALSO KNOWN AS JESSIE J. DUKES, JR., DEFENDANT-APPELLANT. (APPEAL NO. 1.)

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

Decided July 3, 2008.

Attorney(s) appearing for the Case

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID M. ABBATOY, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (LORETTA S. COURTNEY OF COUNSEL), FOR RESPONDENT.

PRESENT: SCUDDER, P.J., MARTOCHE, GREEN, PINE, AND GORSKI, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: In each appeal, defendant appeals from a judgment convicting him, respectively, of rape in the first degree (Penal Law § 130.35 [3]) and sexual abuse in the first degree (§ 130.65 [3]). Contrary to defendant's contention, the concurrent terms of imprisonment imposed, the longest of which is nine years to be followed by a five-year period of postrelease supervision...

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