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PEOPLE v. SCOTT

16 Misc.3d 40 (2007)

841 N.Y.S.2d 829

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE SCOTT, Appellant.

Supreme Court, Appellate Term, First Department.

May 8, 2007.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Steven Banks and John Schoeffel of counsel), and Cahill Gordon & Reindel LLP, New York City (Laura C. Fraher of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Patricia Curran and Jennifer L. Lowry of counsel), for respondent.

McCOOE, J.P., SCHOENFELD and KLEIN HEITLER, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Judgment of conviction rendered June 28, 2005 reversed, on the facts, and the accusatory instrument is dismissed.

Defendant's conviction of endangering the welfare of a child was against the weight of the evidence, where he was acquitted of the remaining sexual abuse and forcible touching counts, and all of the charges were predicated upon the same prosecution theory...

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