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PEOPLE v. DIAZ

No. 52.

20 N.Y.3d 569 (2013)

2013 NY Slip Op 1994

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

Court of Appeals of New York.

Decided March 26, 2013.

Attorney(s) appearing for the Case

Charles J. Hynes , District Attorney, Brooklyn ( Ruth E. Ross and Leonard Joblove of counsel), for appellant.

Lynn W.L. Fahey , Appellate Advocates, New York City ( Anna Pervukhin of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ and SMITH concur with Judge PIGOTT; Judge RIVERA concurs in result in an opinion.

OPINION OF THE COURT

PIGOTT, J.

Defendant, the step-grandfather of the complainant, is alleged to have sexually abused the complainant multiple times in 2006 and 2007, when she was in the fourth and fifth grades. He was charged with course of sexual conduct against a child in the first and second degrees (Penal Law §§ 130.75 [1] [a]; 130.80 [1] [a]) and endangering the welfare of a child (Penal Law &...

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