PEOPLE v. IRVING


151 A.D.2d 605 (1989)

The People of the State of New York, Respondent, v. Errol Irving, Appellant

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

June 12, 1989


Ordered that the judgment is affirmed.

On the night of July 13, 1985, while the 11-year-old complainant was visiting the home of the defendant, her father, the latter approached her as she slept and touched her vagina with his hands and mouth. He also inserted his fingers into her vagina and anus. The child did not move or cry out. Hearing a noise, the defendant retreated to his bedroom, and the complainant adjusted her nightclothes and went back to sleep.

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