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PEOPLE v. SMITH

272 A.D.2d 679 (2000)

708 N.Y.S.2d 485

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN SMITH, Appellant.

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

Decided May 11, 2000.

Spain, J. P.

In January 1996 defendant was charged in separate felony complaints with engaging in acts of sexual misconduct with two children in his family in 1993. At his arraignment he was released on his own recognizance and child abuse proceedings were thereafter commenced in Family Court. By letter dated May 24, 1996 defendant's attorney informed the prosecutor that—for the good of the children and with a view...

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