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  5. 25 N.Y.2d 179 (1969)
 

PEOPLE v. NUERNBERGER

25 N.Y.2d 179 (1969)

The People of the State of New York, Respondent, v. Robert Nuernberger, Appellant. The People of the State of New York ex rel. Robert Nuernberger, Appellant, v. Charles L. McKendrick, as Warden of Wallkill Prison, Respondent.

Court of Appeals of the State of New York.

Decided July 2, 1969.

Attorney(s) appearing for the Case

Bruce K. Carpenter, Leslie A. Bradshaw and Robert R. Molic for appellant in the above action.

Michael F. Dillon, District Attorney (Herbert J. Herman of counsel), for respondent in the above action.

Robert D. Schneider for appellant in the above proceeding.

Louis J. Lefkowitz, Attorney-General (Calvin M. Berger and Ruth Kessler Toch of counsel), for respondent in the above proceeding.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN. BREITEL and JASEN concur.

Per Curiam.

Upon an indictment charging incest, assault in the second degree and impairing the morals of a minor, defendant was tried in Erie County Court. He was acquitted of incest and convicted both of assault and of impairing morals. The crimes were committed on defendant's 11-year-old daughter. The assault as a felony depended on an intent to commit a crime —...

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