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PEOPLE v. FLEMING

2014-186

48 Misc.3d 451 (2015)

9 N.Y.S.3d 813

2015 NY Slip Op 25124

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOHN J. FLEMING, Defendant.

County Court, Livingston County.

Decided April 17, 2015.

Attorney(s) appearing for the Case

Marcea Clark Tetamore , Public Defender, Geneseo, for defendant.

Gregory McCaffrey , District Attorney, Geneseo, for plaintiff.

OPINION OF THE COURT

Defendant, John J. Fleming, stands convicted, after a jury trial, of one count each of predatory sexual assault against a child (Penal Law § 130.96), and sexual abuse in the second degree (Penal Law § 130.60 [2]). Defendant has moved pursuant to CPL 330.30 to set aside that portion of...

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