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PEOPLE v. MELENDEZ

2016-06178. Ind. No. 154/14.

196 A.D.3d 647 (2021)

150 N.Y.S.3d 740

2021 NY Slip Op 04497

The People of the State of New York, Respondent, v. Fabian Melendez, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 21, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Tomoeh Murakami Tse of counsel), for appellant.

Michael E. McMahon , District Attorney, Staten Island, NY ( Morrie I. Kleinbart of counsel), for respondent.

Rivera, J.P., Hinds-Radix, Connolly and Wooten, JJ., concur.

Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Richmond County, for a new trial.

The defendant was charged with, inter alia, three counts of criminal sexual act in the second degree, involving allegations that he engaged in sexual conduct with his former partner's son (hereinafter the complainant), who was less than 15 years old at the time, in the defendant's home in...

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