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PEOPLE v. CLARK

19 Misc.3d 6 (2008)

855 N.Y.S.2d 809

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CONNIE CLARK, Respondent.

Supreme Court, Appellate Term, Second Department.

January 11, 2008.

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove and Seth M. Lieberman of counsel), for appellant.

Tilem & Campbell, LLP, Larchmont (John Campbell of counsel), for respondent.

GOLIA and BELEN, JJ., concur; WESTON PATTERSON, J.P., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order reversed on the law, defendant's motion to suppress evidence denied and matter remitted to the court below for all further proceedings.

Defendant was charged with two counts of endangering the welfare of a child (Penal Law § 260.10 [1], [2]). The child is an eight-year-old boy suffering from autism, who does not speak and inflicts bodily harm upon himself...

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