PEOPLE v. MOUNTZOUROS

467 KA 20-00292.

206 A.D.3d 1706 (2022)

169 N.Y.S.3d 764

2022 NY Slip Op 03840

The People of the State of New York, Respondent, v. Kenneth Mountzouros, Appellant.

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

Decided June 10, 2022.


Attorney(s) appearing for the Case

HAYDEN DADD , CONFLICT DEFENDER, GENESEO ( BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT.

GREGORY J. McCAFFREY , DISTRICT ATTORNEY, GENESEO ( JOSHUA J. TONRA OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Centra, NeMoyer, Curran and Bannister, JJ.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted on counts one, two, four and five of the indictment.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, sexual abuse in the first degree (Penal Law § 130.65[4]), arising from allegations that defendant sexually abused one of his youngest sons in 2012-2013. Viewing the evidence in light of the elements...

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