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PEOPLE v. MILLER

19 Misc.3d 457 (2008)

856 N.Y.S.2d 443

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. STAN MILLER, Defendant.

Criminal Court of the City of New York, Kings County.

February 21, 2008.

Attorney(s) appearing for the Case

Legal Aid Society (Steven Banks and John Godfrey of counsel), for defendant.

Charles J. Hynes, District Attorney (Jamie R. Begley of counsel), for plaintiff.

OPINION OF THE COURT

MICHAEL GERSTEIN, J.

The issue in this case is whether "no," proclaimed by a 13-year-old student to her 24-year-old substitute teacher, in fact means "no," and whether the teacher's refusal to heed his student's admonition, coupled with his act of blocking the door and preventing the 13 year old from leaving his residence, constitutes attempted sexual abuse in the second and third degrees...

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