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PEOPLE v. RIVERA

No. 20.

25 N.Y.3d 256 (2015)

33 N.E.3d 465

11 N.Y.S.3d 509

2015 NY Slip Op 03764

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DAVID RIVERA, Respondent.

Court of Appeals of New York.

Decided May 5, 2015.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr., District Attorney, New York City ( David P. Stromes and Vincent Rivellese of counsel), for appellant.

Epstein & Weil, LLC, New York City ( Lloyd Epstein of counsel), for respondent.

Moritt Hock & Hamroff LLP, Garden City ( Robert L. Schonfeld and Seth P. Stein of counsel), for New York State Psychiatric Association, Inc. and another, amici curiae.

Chief Judge LIPPMAN and Judges READ, RIVERA, STEIN and FAHEY concur; Judge ABDUS-SALAAM taking no part.

OPINION OF THE COURT

Defendant, while seeking treatment from a psychiatrist, admitted to sexually abusing an 11-year-old relative. The psychiatrist notified the Administration for Children's Services (ACS) of defendant's admission. Subsequently, at defendant's criminal trial, over defendant's objection, the trial court permitted...

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