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PEOPLE v. JACOBS

149 A.D.2d 112 (1989)

The People of the State of New York, Respondent, v. Robert C. Jacobs, Appellant

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

August 24, 1989

Attorney(s) appearing for the Case

O'Connell & Aronowitz (Stephen R. Coffey and Brian D. Premo of counsel), for appellant.

Sol Greenberg, District Attorney (Michael J. Connolly of counsel), for respondent.

MAHONEY, P. J., and YESAWICH, JR., J., concur with LEVINE, J.; CASEY, J., dissents and votes to affirm in an opinion; MIKOLL, J., dissents and votes to affirm in an opinion.

LEVINE, J.

This court affirmed defendant's conviction of sexual abuse in the first degree for engaging in sexual contact with the then three-year-old daughter of a girlfriend (148 A.D.2d 811). Defendant moved for reargument contending that this court's refusal to decide the issue of the propriety of County Court's charge to the jury concerning the voluntariness of his confession...

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