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PEOPLE v. ROSEN

96 N.Y.2d 329 (2001)

752 N.E.2d 844

728 N.Y.S.2d 407

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRY ROSEN, Appellant.

Court of Appeals of the State of New York.

Decided April 3, 2001.

Attorney(s) appearing for the Case

Andrew C. Fine, New York City, Edward S. Graves and M. Sue Wycoff for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Ilisa T. Fleischer and Morrie I. Kleinbart of counsel), for respondent.

Eliot Spitzer, Attorney General, Albany (Edward Lindner, Preeta D. Bansal, Daniel Smirlock and Robin A. Forshaw of counsel), in his statutory capacity under Executive Law § 71.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

SMITH, J.

While riding on the subway one morning, two passengers observed defendant put his hand beneath the skirt of a four-year-old girl and fondle her. After the passengers notified the child's mother, defendant attempted to escape but was caught and arrested. Defendant pleaded guilty to first degree sexual abuse, the maximum sentence for which is seven years. The plea court informed him that it would impose a sentence of three to...

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