PEOPLE v. MATTHIE, SR.


34 A.D.3d 987 (2006)

824 N.Y.S.2d 454

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERB A. MATTHIE, SR., Appellant.

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

Decided November 16, 2006.


Mercure, J.

Defendant was arrested in March 2004, after his adopted daughter alleged that he had sexually abused her. According to the victim, the abuse began in June 2003, when the victim was 13 years old, and escalated from inappropriate touching to sexual intercourse over the course of the following nine months. Defendant was charged in an indictment with one count of rape in the second degree, one count of a criminal sexual act in the second degree and three counts...

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