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PEOPLE v. VIVIANI

Case Nos. 15, 16, 17.

36 N.Y.3d 564 (2021)

169 N.E.3d 224

145 N.Y.S.3d 512

2021 NY Slip Op 01934

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MARINA Y. VIVIANI, Respondent. ATTORNEY GENERAL OF THE STATE OF NEW YORK, Intervenor-Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JUSTIN HOPE, Respondent. ATTORNEY GENERAL OF THE STATE OF NEW YORK, Intervenor-Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. NICOLE HODGDON, Respondent. ATTORNEY GENERAL OF THE STATE OF NEW YORK, Intervenor-Respondent.

Court of Appeals of New York.

Decided March 30, 2021.

Attorney(s) appearing for the Case

Rachel P. Dunn , Special Prosecutor and Inspector General, Delmar ( Caitlin Halligan of counsel), for appellant in the first above-entitled action.

Law Offices of Michael Pollok, PLLC, Red Hook ( Michael S. Pollok of counsel), for respondent in the first above-entitled action.

Letitia James , Attorney General, Albany ( Barbara D. Underwood , Andrew W. Amend , Anisha S. Dasgupta , Nikki Kowalsk and Patrick A. Woods of counsel), for intervenor-respondent in the first above-entitled action.

Rachel P. Dunn , Special Prosecutor and Inspector General, Delmar ( Caitlin Halligan of counsel), for appellant in the second above-entitled action.

The Kindlon Law Firm, PLLC, Albany ( Lee C. Kindlon of Counsel), for respondent in the second above-entitled action.

Letitia James , Attorney General, Albany ( Barbara D. Underwood , Andrew W. Amend , Anisha S. Dasgupta , Nikki Kowalsk and Patrick A. Woods of counsel), for intervenor-respondent in the second above-entitled action.

Rachel P. Dunn , Special Prosecutor and Inspector General, Delmar ( Caitlin Halligan of counsel), for appellant in the third above-entitled action.

Stephen W. Herrick , Public Defender, Albany ( James A. Bartosik, Jr. of counsel), for respondent in the third above-entitled action.

Letitia James , Attorney General, Albany ( Barbara D. Underwood , Andrew W. Amend , Anisha S. Dasgupta , Nikki Kowalsk and Patrick A. Woods of counsel), for intervenor-respondent in the third above-entitled action.

Patricia Weiss, Sag Harbor, amicus curiae pro se in the third above-entitled action.

OPINION OF THE COURT

As part of the Protection of People with Special Needs Act, the legislature enacted Executive Law § 552, which created a special prosecutor, appointed by the Governor, empowered to investigate and prosecute crimes of abuse or neglect of vulnerable victims...

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