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PEOPLE v. SIMMONS

92 N.Y.2d 829 (1998)

699 N.E.2d 417

677 N.Y.S.2d 58

The People of the State of New York, Respondent, v. Colleen Simmons, Appellant.

Court of Appeals of the State of New York.

Decided June 9, 1998.

Attorney(s) appearing for the Case

Gleason, Dunn, Walsh & O'Shea, Albany (Ronald G. Dunn and Michael P. Ravalli of counsel), for appellant.

Sol Greenberg, District Attorney of Albany County, Albany (Christopher D. Horn of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur; Judge TITONE dissents and votes to reverse in an opinion.

MEMORANDUM.

The order of the County Court should be affirmed.

Defendant was employed as a teacher at an Albany day care center and charged with 15 counts of endangering the welfare of a child. Count one charged defendant with, over a course of weeks from approximately March 1 to April 12, 1995, repeatedly directing vulgar remarks of a sexual nature to a child aged 23 months, the remaining counts charging inappropriate...

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