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PEOPLE v. NEWELL

290 A.D.2d 652 (2002)

736 N.Y.S.2d 441

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES R. NEWELL, Appellant.

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

Decided January 10, 2002.

Lahtinen, J.

On November 7, 1999, the then 23-year-old victim, who is blind and mentally retarded and is the biological daughter of defendant, was visiting defendant overnight at his residence. That evening defendant had a party during which the attendees drank alcohol and smoked marihuana and defendant slow danced with the victim. The victim testified that after everyone left and she had gone to bed, defendant entered...

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