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MATTER OF MARTINUCCI v. BECKER

50 A.D.3d 1293 (2008)

855 N.Y.S.2d 718

In the Matter of AMERICO MARTINUCCI, Petitioner, v. CARL F. BECKER, as Judge of the County Court of Delaware County, et al., Respondents.

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

Decided April 11, 2008.

Kavanagh, J.

During the summer of 2003, petitioner was alleged to have had sexual intercourse on three separate occasions with a 10-year-old girl. He was later charged by indictment in Delaware County with three counts of rape in the first degree, two counts of sexual abuse in the first degree and endangering the welfare of a child. Because petitioner videotaped one of these sexual assaults, he was also charged by federal indictment with coercing and enticing a "minor...

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