PEOPLE v. DIOTTE


305 A.D.2d 721 (2003)

759 N.Y.S.2d 244

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RALPH DIOTTE, Appellant.

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

Decided May 8, 2003.


Crew III, J.P.

In February 1997, a 10-year-old female (hereinafter the victim) and her friend stayed overnight at their babysitter's apartment. At some point during the evening, the babysitter left the apartment, leaving the two girls with defendant. While defendant and the victim were sitting on the couch watching television, defendant began rubbing the victim's stomach and eventually moved his hand down under her underwear...

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