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PEOPLE v. IPPOLITO

No. 32.

20 N.Y.3d 615 (2013)

987 N.E.2d 276

964 N.Y.S.2d 499

2013 NY Slip Op 2159

THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent, v. GERARD IPPOLITO, Also Known as GERALD IPPOLITO, Respondent-Appellant.

Court of Appeals of New York.

Decided April 2, 2013.

Attorney(s) appearing for the Case

Sandra Doorley , District Attorney, Rochester ( Geoffrey A. Kaeuper and Leslie E. Swift of counsel), for appellant-respondent.

Timothy P. Donaher , Public Defender, Rochester ( James Eckert of counsel), for respondent-appellant.

Chief Judge LIPPMAN and Judges GRAFFEO, SMITH and PIGOTT concur; Judge RIVERA taking no part.

OPINION OF THE COURT

READ, J.

At some point in 2003, Katherine M. L., who was in her mid-80s, was steered to defendant Gerard Ippolito, an accountant, to help her deal with delinquent property taxes on her Rochester residence. On June 27th of that year, she executed a statutory short-form durable general power of attorney (the POA), which granted Ippolito unlimited powers to act in her "NAME, PLACE AND STEAD in...

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