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PEOPLE v. MORIN

196 Misc.2d 114 (2003)

763 N.Y.S.2d 705

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE MORIN, Appellant.

Supreme Court, Appellate Term, Second Department.

May 15, 2003.

Attorney(s) appearing for the Case

Naiburg & Rosenblum, LLP, Hauppauge (Eric W. Naiburg of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead (Ronald E. Lipetz of counsel), for respondent.

WINICK, J.P., LIFSON and RUDOLPH, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction unanimously modified on the law by vacating the sentence imposed and remanding the matter to the court below for resentencing before a different judge; as so modified, affirmed.

In or about August 2000, defendant was charged with endangering the welfare of a child (Penal Law § 260.10 [1]), and sexual abuse in the second degree (Penal Law § 130.60 [2]) for allegedly touching the genitals...

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