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MATTER OF STEWART v. HARTNETT

34 A.D.3d 1134 (2006)

824 N.Y.S.2d 786

In the Matter of CHARLES STEWART, Petitioner, v. DAVID S. HARTNETT, as Cortland County District Attorney, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 30, 2006.

Kane, J.

In November 2000, petitioner was charged in a Cortland County indictment with the crimes of rape in the first degree (two counts), sodomy in the first degree (two counts), sexual abuse in the first degree and endangering the welfare of a child based upon his alleged sexual contact with the then nine-year-old victim. Following a jury trial, at which the testimony offered by the young victim was the only evidence implicating petitioner in the crimes, petitioner...

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