OPINION OF THE COURT
Per Curiam.
Judgment of conviction, rendered February 11, 2009, affirmed.
Following an initial trial which resulted in defendant's acquittal of third-degree sexual abuse (Penal Law § 130.55) and a deadlocked jury and mistrial on a separate count of forcible touching (Penal Law § 130.52), a retrial was ordered on the forcible touching charge. So as to protect defendant's double jeopardy rights, proof and jury consideration...
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