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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Jan 23, 1978
60 A.D.2d 896 (N.Y. App. Div. 1978)

Opinion

January 23, 1978


Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered January 9, 1976, convicting him of attempted sodomy in the first degree, upon his plea of guilty, and imposing sentence. Judgment reversed, on the law, and indictments dismissed, with leave to resubmit the charges to another Grand Jury. The indictment was fatally defective in that it failed to state the exact nature of the deviate sexual intercourse with which defendant is charged (see People v Jackson, 60 A.D.2d 893). Latham, J.P., Damiani, Cohalan and O'Connor, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Jan 23, 1978
60 A.D.2d 896 (N.Y. App. Div. 1978)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES P. SMITH…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 23, 1978

Citations

60 A.D.2d 896 (N.Y. App. Div. 1978)

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