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PEOPLE v. WITHERSPOON

1166 KA 06-03421.

66 A.D.3d 1456 (2009)

885 N.Y.S.2d 829

2009 NY Slip Op 7031

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID A. WITHERSPOON, Appellant. (Appeal No. 1.)

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

Decided October 2, 2009.

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

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him following a jury trial of, inter alia, rape in the first degree (Penal Law § 130.35 [2]) and, in appeal No. 2, he appeals from a judgment convicting him following the same trial of criminal sale of a controlled substance in the fifth degree (§ 220.31).<...

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