Ordered that the judgment is affirmed, and the case is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).
A preschool physical examination of the defendant's then five-year-old daughter Jane (pseudonyms have been adopted in the interest of protecting the children) revealed signs of both vaginal and anal abuse. This was reported to the Bureau of Child Welfare and the defendant's three children, Jane; Mary, then age seven...
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