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PEOPLE v. CECUNJANIN

No. 56.

16 N.Y.3d 488 (2011)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ZUFER CECUNJANIN, Appellant.

Court of Appeals of New York.

Decided April 5, 2011.

Attorney(s) appearing for the Case

Kindlon Shanks & Associates, Albany ( Terence L. Kindlon and Kathy Manley of counsel), for appellant.

Andrew J. Wylie , District Attorney, Plattsburgh ( Timothy G. Blatchley of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

At defendant's trial, the People contended, and the jury found, that he had attempted to subject a physically helpless woman to sexual contact. The evidence fails to support the jury's finding on this issue, and we therefore vacate defendant's conviction for attempted sexual abuse.

I

The alleged victim, whom we will call Catherine, went with friends to dance at a...

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