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PEOPLE v. SULLIVAN

117 A.D.2d 476 (1986)

The People of the State of New York, Respondent, v. Eugene R. Sullivan, Appellant

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

June 19, 1986

Attorney(s) appearing for the Case

Norberta Fuller Krupczak for appellant.

William H. Gritsavage, District Attorney (Valerie Friedlander of counsel), for respondent.

KANE, WEISS and LEVINE, JJ., concur with MAHONEY, P. J.; CASEY, J., concurs in an opinion.

MAHONEY, P. J.

Defendant was indicted and charged with two counts of sodomy in the first degree based on allegations that he sodomized the three-year-old son of his girlfriend. He pleaded not guilty and was tried before a jury. The child's mother testified that on February 18, 1984, at about 4:30 A.M., her three-year-old son came into her room crying and told her, "Daddy put his dink in my hiney." She testified...

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