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PEOPLE v. HUDY

132 A.D.2d 134 (1987)

The People of the State of New York, Respondent, v. Patrick Hudy, Appellant

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

November 25, 1987

Attorney(s) appearing for the Case

Aswad & Ingraham (Thomas A. Saitta of counsel), for appellant.

Patrick T. Mathews, District Attorney (Kevin P. Dooley of counsel), for respondent.

MAIN and HARVEY, JJ., concur with KANE, J. P.; MIKOLL, J., concurs in part and dissents in part in an opinion; LEVINE, J., concurs in part and dissents in part in an opinion.

KANE, J. P.

During the relevant time period, defendant was a corrective math teacher at Glenwood Elementary School (hereinafter Glenwood) in the Town of Vestal, Broome County, where he had been teaching since 1976. Students who, as the result of testing, were determined to be in need of extra help were placed in defendant's class. These students attended defendant's class three times a week for a 30-minute session...

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