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PEOPLE v. STEPHENS

3 A.D.3d 57 (2003)

769 N.Y.S.2d 249

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRYL STEPHENS, Appellant.

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

December 18, 2003.

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney, Bronx County (Lara R. Binimow and Peter D. Coddington of counsel), for respondent.

Richard L. Herzfeld for appellant.

BUCKLEY, P.J., TOM, SULLIVAN and ROSENBERGER, JJ., concur.

OPINION OF THE COURT

SAXE, J.

This appeal requires us to consider the nature and extent of the duty owed to a child by an unrelated adult when the child resides in the adult's household along with his own children and those of his paramour. In particular, we consider whether the prosecution in this case properly relied upon the application of the "in loco parentis" doctrine to convict defendant of murder based upon a failure to provide medical care to a...

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