PEOPLE v. DIAZ

2009-08707.

85 A.D.3d 1047 (2011)

926 N.Y.S.2d 128

2011 NY Slip Op 5518

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RANDOLFO DIAZ, Appellant.

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

Decided June 21, 2011.


Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for a new trial.

The defendant was the stepgrandfather of the complainant, who was 11 years old at the time of the trial. The defendant had married the complainant's grandmother when the complainant was fours years old, and was living with the complainant's mother and brother in her grandmother's three-bedroom apartment in Brooklyn.

In January...

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