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PEOPLE v. CAMPBELL

2006-838 NCR.

24 Misc.3d 82 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEARL CAMPBELL, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided June 29, 2009.

Attorney(s) appearing for the Case

Legal Aid Society, Hempstead (Kent V. Moston, Jeremy L. Goldberg and Tammy Feman of counsel), for appellant.

Kathleen M. Rice, District Attorney, Mineola (Douglas Noll and Lauren Del Giorno of counsel), for respondent.

TANENBAUM and NICOLAI, JJ., concur; RUDOLPH, P.J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction affirmed.

Defendant, a live-in home health aide, was charged with endangering the welfare of an incompetent or physically disabled person (Penal Law § 260.25). The alleged victim was defendant's client, an elderly woman with physical and communicative impairments, and defendant was charged with pulling

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