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PEOPLE v. ROSELLE

152 Misc.2d 191 (1991)

The People of the State of New York, Plaintiff, v. Sean Roselle, Defendant.

County Court, Westchester County.

October 4, 1991

Attorney(s) appearing for the Case

Legal Aid Society (Stephen J. Pittari and Robin Bauer of counsel), for defendant. Carl A. Vergari, District Attorney (Anne Marie Murray of counsel), for plaintiff.

DONALD N. SILVERMAN, J.

Defendant moves for dismissal of the first three counts of the indictment pursuant to CPL 210.20 (1) (h). The counts are: assault in the first degree, criminal possession of a weapon in the fourth degree, and endangering the welfare of a child. The defendant asserts that the People are collaterally estopped from litigating the issue of whether he intentionally caused injury to his daughter...

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