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PEOPLE v. FISHER

No. 56

18 N.Y.3d 964 (2012)

967 N.E.2d 676

944 N.Y.S.2d 453

2012 NY Slip Op 2416

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AARON RICHARD FISHER, Appellant.

Court of Appeals of New York.

Decided April 3, 2012.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( Janet C. Somes , of counsel), for appellant.

Michael C. Green , District Attorney, Rochester ( Kelly C. Wolford , of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur in memorandum; Judge SMITH dissents in an opinion.

OPINION OF THE COURT

MEMORANDUM

The order of the Appellate Division should be reversed and a new trial ordered.

Defendant was convicted of various sex offenses and sentenced to prison terms aggregating to 20 years upon the testimony of two of his nieces, that while they were left by their mother in his care he on numerous occasions molested them. The alleged abuse was not, in the aftermath of its report, medically confirmed during the physical...

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