PEOPLE v. RIGGIO


144 A.D.2d 951 (1988)

The People of the State of New York, Respondent, v. Dominic Riggio, Appellant

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

November 15, 1988


Judgment unanimously reversed on the law and indictment dismissed.

Memorandum:

Defendant appeals from a conviction for sexual abuse in the first degree (Penal Law § 130.65). The act allegedly was committed in the girls' bathroom of an elementary school and involved a seven-year-old student. The victim's unsworn testimony constituted the sole direct evidence of the material facts of the crime. We conclude that the trial court erred by allowing the victim...

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