Legal Opinion

People v. Palaguachi

Appellate Division of the Supreme Court of the State of New York

Decided December 19, 1994PublishedCited by 6 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered November 12, 1991, convicting him of rape in the first degree (six counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his conviction of six counts of rape in the first degree is illegal since the counts are duplicitous and violative of the provisions of CPL 200.30. We note that this issue is unpreserved for appellate review (see, CPL 470.05 [2]; People v Harris, 150 AD2d 723, 724). In any event, this claim is without merit.…

2Cases cited8 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. BaldiNew York Court of Appeals · 1981
  3. People v. KeindlNew York Court of Appeals · 1986
  4. People v. BeauchampNew York Court of Appeals · 1989
  5. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1989

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3Cited by6 opinions

  1. People v. CosbyAppellate Division of the Supreme Court of the State of New York · 1995
  2. People v. Mateo, New York County Courts1997
  3. People v. SwackhammerAppellate Division of the Supreme Court of the State of New York · 1999
  4. People v. FarbmanAppellate Division of the Supreme Court of the State of New York · 1996
  5. Palaguachi v. KeaneCourt of Appeals for the Second Circuit · 2003

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