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PEOPLE v. ADOLPH

2016-12945, Ind. No. 43/16.

206 A.D.3d 753 (2022)

167 N.Y.S.3d 821

2022 NY Slip Op 03735

The People of the State of New York, Respondent, v. Tyron Adolph, Appellant.

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

Decided June 8, 2022.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Sean H. Murray of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , William H. Branigan , and Katherine A. Triffon of counsel), for respondent.

Dillon, J.P., Brathwaite Nelson, Roman and Ford, JJ., concur.

Ordered that the judgment is modified, on the law, by vacating the conviction of predatory sexual assault against a child under count 3 of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620 [1983]), we find that it was legally insufficient...

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