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People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1979
67 A.D.2d 716 (N.Y. App. Div. 1979)

Opinion

January 22, 1979


Appeal by defendant from a judgment of the Supreme Court, Westchester County, rendered February 3, 1977, convicting him of sodomy in the first degree and possession of a weapon in the fourth degree, upon his plea of guilty, and imposing sentence. The appeal also brings up for review an order of the same court, dated September September 16, 1976, which denied defendant's motion to dismiss the sodomy count contained in the indictment upon the ground that it lacks factual specificity. By order dated January 23, 1978, this court (1) reversed the order dated September 16, 1976 and granted the defendant's motion, (2) modified the judgment, on the law, by reversing the conviction of sodomy in the first degree and the sentence imposed thereon, and dismissing said count, with leave to resubmit the sodomy charge to another Grand Jury and (3) as so modified, affirmed the judgment. By order dated November 30, 1978, the Court of Appeals reversed the aforesaid order of this court and remitted the case to this court for review of the facts (People v. Jackson, 60 A.D.2d 893, revd 46 N.Y.2d 721). Judgment and order affirmed. No opinion. Damiani, J.P., Titone, Shapiro and Margett, JJ., concur.


Summaries of

People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1979
67 A.D.2d 716 (N.Y. App. Div. 1979)
Case details for

People v. Jackson

Case Details

Full title:THE PEOPLE FOR THE STATE OF NEW YORK, Respondent, v. DONALD JACKSON…

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

Date published: Jan 22, 1979

Citations

67 A.D.2d 716 (N.Y. App. Div. 1979)