PEOPLE v. MARQUEZ


168 A.D.2d 393 (1990)

The People of the State of New York, Respondent, v. Nestor Marquez, Appellant

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

December 27, 1990


The then-nine-year-old victim, and her then-seven-year-old brother, who was unsworn, testified that defendant forced her to perform oral sex on May 3 and May 5, 1987, within days of the victim's ninth birthday. While employment records indicated that defendant was working substantially all day on May 5, the defendant was in fact fired on June 5, 1987, for lateness and absenteeism. There was also evidence that employees could "punch in" or "punch out" for one another. Under...

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