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You are here: Home1 / Evidence2 / SEXUAL BEHAVIOR IN FRONT OF THE CHILD AND SHOWING PORNOGRAPHY TO THE CHILD...
Evidence, Family Law

SEXUAL BEHAVIOR IN FRONT OF THE CHILD AND SHOWING PORNOGRAPHY TO THE CHILD CONSTITUTED NEGLECT (THIRD DEPT).

The Third Department, reversing (modifying) Family Court, determined the dismissal of the sexual-behavior-related neglect allegations was error. The petition alleged masturbation in front of the child, having sex in front of the child, and showing pornography to the child. The 3rd Department concluded the allegations were sufficiently supported by the evidence. Matter of Chloe L. (Samantha L.), 2021 NY Slip Op 06892, Third Dept 12-9-21

 

December 9, 2021
Tags: Third Department
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FAILURE TO INCLUDE THE APPROXIMATE TIME OF THE COMMISSION OF THE OFFENSE IN THE SUPERIOR COURT INFORMATION (SCI) IS NOT A JURISDICTIONAL DEFECT (THIRD DEPT). ​
Waiver of Indictment and Guilty Plea Invalid—Superior Court Information Charged a Greater Offense than that Charged in the Original Misdemeanor Information
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