PEOPLE v. DE JESUS


69 N.Y.2d 855 (1987)

The People of the State of New York, Respondent, v. Louis De Jesus, Appellant.

Court of Appeals of the State of New York.

Decided March 24, 1987.


Attorney(s) appearing for the Case

Jane K. Falcon and Philip L. Weinstein for appellant.

Mario Merola, District Attorney (Lee S. Gayer and Billie Manning of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge ALEXANDER taking no part.


MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Defendant's 11-year-old daughter accused him of having raped and sexually abused her for several years. At trial, defendant contended that these accusations were instigated by the child's mother, from whom he was separated, in order to gain custody of their four children. To support this argument, defense counsel sought to...

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