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PEOPLE v. STEARNS

39 A.D.3d 973 (2007)

833 N.Y.S.2d 724

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK A. STEARNS, Appellant.

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

Decided April 12, 2007.

Crew III, J.

Defendant was employed as a caretaker for the disabled. Following allegations that defendant took pictures of an unclothed mentally disabled person, he was indicted and charged with unlawful surveillance in the second degree in violation of Penal Law § 250.45 (1), as well as endangering the welfare of the victim in violation of Penal Law § 260.25. Following a jury trial, defendant was convicted as charged and sentenced to, inter alia, 1 1/3...

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