PEOPLE v. MANNING

103011.

81 A.D.3d 1181 (2011)

917 N.Y.S.2d 721

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARTIN M. MANNING, Appellant.

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

February 24, 2011.


STEIN, J.

In late July 2003, the victim (born in 1992) was staying overnight at the home of defendant. While the victim was asleep on the couch, she was allegedly awakened by defendant's hands moving up her leg, "playing with [her] vagina and then he put his finger in [her] vagina." Defendant was subsequently indicted for and convicted of one count of sexual abuse in the first degree. Defendant now appeals and we affirm.

Initially, we reject defendant's contention...

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