People v. George
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant contends that his conviction of rape in the first degree must be reversed because he may have been convicted of a crime for which he was not indicted. We agree. Defendant was charged under count five of the indictment with rape in the first degree arising from his sexual intercourse with complainant by forcible compulsion on March 28, 1995. Although defendant was indicted for only one act of rape, complainant testified that two acts of rape were committed by defendant on that date.…
2Cases cited7 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People of State of New York v. GregaNew York Court of Appeals · 1988
- People v. McNabAppellate Division of the Supreme Court of the State of New York · 1990
- People v. ClarkeNew York Court of Appeals · 1993
- People v. ShawAppellate Division of the Supreme Court of the State of New York · 1996
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3Cited by13 opinions
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- People v. HagenbuchAppellate Division of the Supreme Court of the State of New York · 1999
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