PEOPLE v. BADINE


301 A.D.2d 178 (2002)

752 N.Y.S.2d 679

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLIVE BADINE, Appellant.

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

December 2, 2002.


Attorney(s) appearing for the Case

Lynn W. L. Fahey, New York City (V. Marika Meis and Yvonne Shivers of counsel), for appellant, and Clive Badine, appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove, Rhea A. Grob and Thomas Ross of counsel), for respondent.

ALTMAN, J.P., H. MILLER and RIVERA, JJ., concur.


OPINION OF THE COURT

GOLDSTEIN, J.

The defendant stands convicted of sodomizing his daughter, born in 1992, during the years 1996, 1997, and 1998 when she was living with her mother and visiting him on weekends. In February 1999, the defendant discovered that the mother had left her children home alone and reported the mother to the police. The defendant gained custody of the complainant in March 1999. It is undisputed that the defendant did not abuse the...

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