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You are here: Home1 / Criminal Law2 / CONVICTION OF A LESSER INCLUDED COUNT OF PREDATORY SEXUAL ASSAULT (I.E....
Criminal Law

CONVICTION OF A LESSER INCLUDED COUNT OF PREDATORY SEXUAL ASSAULT (I.E. COURSE OF SEXUAL CONDUCT AGAINST A CHILD) VACATED (SECOND DEPT),

The Second Department vacated defendant’s conviction of a lesser included count:

… [T]he defendant’s conviction of predatory sexual assault against a child under Penal Law § 130.96 requires dismissal of the lesser included count of course of sexual conduct against a child in the first degree under Penal Law § 130.75(1)(a) … . People v Mendez-Huales, 2020 NY Slip Op 04774, Second Dept 8-26-20

 

August 26, 2020
Tags: Second Department
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https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png 0 0 Bruce Freeman https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png Bruce Freeman2020-08-26 10:01:062020-08-28 10:20:49CONVICTION OF A LESSER INCLUDED COUNT OF PREDATORY SEXUAL ASSAULT (I.E. COURSE OF SEXUAL CONDUCT AGAINST A CHILD) VACATED (SECOND DEPT),
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CONCURRENT INCLUSORY COUNT MUST BE DISMISSED DESPITE FAILURE TO REQUEST THAT... PROOF AT DARDEN HEARING DID NOT DEMONSTRATE THAT THE PURPORTED CONFIDENTIAL...
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