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Identical Elements: People v. Lawrence

Appellate Division, Fourth Department Identical Elements Lesser Included Offense People v. Lawrence KA 09-01206 Appealed from Supreme Court, Erie County Background: The defendant was convicted after jury trial of predatory sexual assault against a child. He argued that he was deprived of due process and equal protection by being prosecuted for a higher crime (class A-II felony) rather than rape first ...