In this case, the defendant is charged with custodial interference in the second degree, a class A misdemeanor (Penal Law, § 135.45).
After a nonjury trial, the court makes the following findings of fact. Defendant and complainant were divorced on March 26, 1975, at which time the complainant wife was awarded custody of the six children of the marriage, including their son, Gerard, the child involved in this incident...
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