PEOPLE v. DECICCO


38 A.D.3d 937 (2007)

830 N.Y.S.2d 837

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

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

Decided March 1, 2007.


Crew III, J.

The victim here, a 16-year-old boy, was temporarily living with defendant, having been "kicked out" of his home by his father. On or about July 29, 2003, the victim awoke to find his shorts pulled down to his ankles and defendant performing oral sex on him. As a consequence, defendant was indicted and charged with sodomy in the first degree, sodomy in the third degree and endangering the welfare of a child. Following a jury trial, defendant was convicted...

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