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PEOPLE v. PASSENGER

175 A.D.2d 944 (1991)

The People of the State of New York, Respondent, v. James H. Passenger, Appellant

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

August 8, 1991

Yesawich Jr., J.

Defendant was indicted on two counts of violating Penal Law § 130.50 (1) for forcing his 12-year-old daughter to perform oral sodomy. Arrested by the State Police, defendant allegedly confessed to one such act. County Court denied defendant's motion to have a psychiatric examination of the child and, pursuant to CPL 60.42, precluded defendant from introducing at trial any evidence regarding...

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