Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).
The defendant allegedly subjected his grandniece to certain sexual contacts during an incident on a family vacation at his summer house in Southampton, New York. The then-12-year old victim testified that, after asking her if she wanted "a tickle," the defendant placed his hand underneath her shirt and onto her...
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