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PEOPLE v. HALTER

No. 181.

19 N.Y.3d 1046 (2012)

979 N.E.2d 1135

955 N.Y.S.2d 809

2012 NY Slip Op 7052

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT C. HALTER, Appellant.

Court of Appeals of New York.

Decided October 23, 2012.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( Timothy S. Davis of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Geoffrey Kaeuper of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ and JONES concur; Judge PIGOTT dissents and votes to reverse in an opinion in which Judge SMITH concurs; Judge SMITH in a separate dissenting opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant and his ex-wife are the parents of two daughters. After their divorce, the mother and daughters moved out of state but returned to New York several years later. This allowed defendant to visit his daughters (8 and 13 years of age) on weekends, but his relationship with his older daughter was fraught with difficulties. He constantly argued with her about...

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