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PEOPLE v. BRIAN L.

17 Misc.3d 724 (2007)

842 N.Y.S.2d 874

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. BRIAN L., Defendant.

City Court of Watertown.

September 28, 2007.

Attorney(s) appearing for the Case

Julie Hutchins, Public Defender, Watertown (Matthew Porter of counsel), for defendant.

Cindy Intschert, District Attorney, Watertown (Rodney Kyle of counsel), for plaintiff.

Andrew M. Cuomo, Attorney General, Albany (Wayne L. Benjamin of counsel).

OPINION OF THE COURT

JAMES C. HARBERSON, JR., J.

The defendant, who is barely sentient enough to perceive the difference between right and wrong legally (having an IQ of less than 60), admitted to a violation of attempted forcible touching (Penal Law §§ 110.00, 130.52).

The defense argues that because the defendant has a permanent mental and/or physical disability that keeps him from ever...

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