People v. Steven Finkelstein

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AD1 order dated October 30, 2014, affirming judgment of conviction. Decision below: 121 AD3d 615, 995 NYS2d 66. Rivera, J., granted leave September 9, 2015.
ISSUES PRESENTED: (1) Given the overlapping relationship between coercion in the first and second degrees, (a) whether defendant’s conviction of the first-degree crime violates equal protection due process, (b) whether the indictment was duplicitous, and (c) whether the second-degree crime should have been submitted as a lesser included offense. (2) The trial court’s allowing of evidence of the victim’s knowledge of defendant’s coercion of a former girlfriend. (3) Sufficiency of evidence. (Assigned counsel: Richard M. Greenberg, Office of the Appellate Defender, 11 Park Place, Suite 1601, NYC 10007.)