PEOPLE v. SMITH


60 A.D.2d 963 (1978)

The People of the State of New York, Respondent, v. Gary Paul Smith, Appellant

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

January 13, 1978


Judgment unanimously reversed, on the law, and new trial granted.

Memorandum:

Defendant was convicted of sexual abuse in the first degree (Penal Law, § 130.65, subds 1, 3) for sexually molesting a nine-year-old girl who was an overnight guest in his home in December, 1974. The trial court denied defendant's motion, pursuant to People v Sandoval (34 N.Y.2d 371) to preclude...

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