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Frank G was indicted for two counts of third degree sodomy upon a victim identified as J.P; three counts of third degree sodomy upon a victim identified as C.V.; and one count of second degree sexual abuse against a victim identified as L.G. The third degree sodomy counts were classified as E felonies and the sexual abuse count as a Class A misdemeanor. The counts were all categorized as statutory in nature due to the ages of the victims, who were 16, 14 and 13, respectively.

Mr. G’s criminal defense attorney filed a motion with the Albany County Court to dismiss the indictment because of insufficient evidence. According to Section 130.16 of the New York Penal code, a person cannot be convicted of consensual sodomy, attempted consensual sodomy or a similar sex crime that includes lack of consent as an element if the failure to consent stems solely from the victim’s age. In cases of sexual abuse, molestation or other sex crimes involving an underage victim, the child’s testimony must be supported by additional evidence to prove that sexual contact occurred or was attempted. Essentially, the defense argued that the victim’s testimony should not be considered sufficient on its face value to render an indictment since they were all underage when the alleged sex crimes occurred.

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Michael H was found guilty of six counts of first degree sodomy, one count of attempted first degree sodomy, two counts of second degree sodomy and one count of first degree sexual abuse. Following his conviction, the Board of Examiners of Sex Offenders recommended designating Mr. H as a risk level three sexually violent offender upon his release. Mr. H’s criminal defense lawyer requested a risk assessment hearing to determine whether he should be assigned to risk level two based on the evidence.

According to trial records, Mr. H was convicted on sex crimes charges for committing improper sexual acts with five boys, aged 11 to 15. Apparently, Mr. H had convinced the boys to run away from home and go to a shack in the woods near Pelham Bay, where the sexual offenses occurred. At the time the sexual acts were committed, Mr. H was 19. He received a sentence of 8 1/3 to 25 years with a release date of November 7, 2011.

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James B, an established Broadway actor, was charged with the sexual abuse of a 15-year-old girl in 2001. His attorney, Ronald P. Fischetti, filed a petition on his behalf challenging an order from the Supreme Court which prohibited the defense from publishing the victim’s name in order to investigate her credibility.

A complaint was first filed against B on April 4, 2006. On October 30, 2006, he was indicted on charges of third degree sexual abuse and committing a criminal sexual act in the third degree. His arraignment hearing was scheduled for December 6, 2006. The day before the arraignment, the District Attorney’s office gave information about the case to the New York Post and the New York Daily News. The news coverage that followed painted B in a negative light and described the alleged sex crimes involved. Both newspaper articles included a telephone number and encouraged anyone with similar complaints about B to call. The day after the articles were published, the New York Post reported that another girl had come forward to claim that B had engaged in improper sexual conduct with her when she was 13.

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Edgar B was convicted of two counts of second degree sodomy for four instances of improper sexual contact with three young boys. Mr. B was sentenced to two consecutive terms of 3 ½ to 7 years. Each victim testified that he had allowed Mr. B to engage in oral sodomy in exchange for a trip to the movies or an amusement park.

Charges involving one of the victims, identified as Dennis M., were dismissed after the boy recanted. He claimed that he had falsely accused Mr. B after being intimidated by the police. In the case of the two other victims, Angel J. and Manny O., Mr. B was convicted of the sodomy charges.

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Anne-Marie P., a juvenile, was charged one count of first degree sodomy, two counts of first degree sexual abuse, two counts of third degree sexual abuse and one count of sexual misconduct. These crimes were allegedly committed against Megan H., who was six years old at the time she testified. The court was satisfied in her ability to offer sworn testimony. The case went to trial in Family Court.

Megan testified that the juvenile defendant pulled down her pants and penetrated her vagina using her fingers. She also stated that the defendant put her mouth on her breasts and touched her behind. According to the victim, she attempted to escape the room where the inappropriate sexual contact took place. She also said she did not give Anne-Marie P. permission to do these things.

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Francis M was charged with one count each of first degree sodomy, first degree robbery, first degree sexual abuse and two counts of criminal weapon possession in the fourth degree. The crimes allegedly occurred on June 13, 1976 but Mr. M was not indicted until January 24, 1980.

Mr. M’s criminal trial for the robbery and sex crimes charges began in September 1980. The proceeding ended in a mistrial due to a hung jury. The primary piece of evidence presented by the prosecution was the victim’s identification of Mr. M.

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On September 4, 2009, J M was convicted of one count each of first degree rape, third degree rape, attempted criminal sexual act in the first degree and attempted criminal sexual act in the third degree. Mr. M appealed his conviction to the New York State Supreme Court Appellate, Second Division based on a claim of ineffective assistance of counsel.

According to trial records, Mr. M was charged with raping a 16-year-old girl who frequently baby sat for him and his girlfriend in their home. The girl claimed that Mr. M raped her one evening when she stayed overnight at the residence.

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On December 6, 2007, Pasqual R was convicted of one count each of second degree burglary and endangering the welfare of a child as well as four counts of third degree sexual abuse. At trial, the jury sent the judge a note questioning how the age of the victim impacted intent with regard to the burglary charge. The court essentially stated that it would advise the jury that the age of the victim was irrelevant. Mr. R’s criminal defense attorney objected and asked the court to reread its original instruction. Defense argued that age of the victim was a factor in determining intent to commit burglary. The court reaffirmed its stance and delivered a more specific instruction to the jury. The jury found Mr. R guilty of the above-mentioned charges and his defense attorney appealed to the Supreme Court Appellate Division, First Department.

The appellate court was asked to consider whether the court should have reread the original instruction as requested by defense counsel. Defense claimed that the revised instruction the trial judge provided was incorrect and prejudicially misleading. With regard to the defense’s argument, the court held that it was appropriate for the trial judge to have delivered more specific instructions to the jury, rather than the readback of the charge that was originally requested since the jury clearly did not understand the information given to them initially.

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On October 16, 1997, a male identified only as C.B. made a videotaped confession to a Bronx Assistant District Attorney following his arrest. During the confession, C.B. discussed numerous criminal offenses and described on at least 11 different occasions on which he had entered private residences unlawfully and in some cases, masturbated onto a sleeping female victim. He also claims to be an exhibitionist and states that he needs help because he has a problem or illness that made him repeatedly commit the crimes.

C.B.’s criminal defense attorney subsequently filed a motion with the Bronx County Supreme Court to exclude statements made in the confession that related to the charges he was arrested on. The motion also included a request to exclude testimony from the victims and the minutes of the Grand Jury proceedings. Specifically, defense counsel argued that the victim should be precluded from testifying at trial since the statements offered would be irrelevant; that the videotaped confession should be excluded since it contains evidence of unrelated and uncharged crimes; that the videotape itself was prejudicial; and that C.B. was not competent to testify as to his own mental capacity.

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In September 2000, Darrin H was accused of sexually abusing his 16-year-old daughter and having sex with one of her 15-year-old friends. Police arrested Mr. H and after reading him his Miranda rights, he signed a written statement attesting to the fact that he may have had sex with his daughter while drunk. He was subsequently charged with 120 separate crimes, including multiple first degree sodomy charges, first degree rape charges and endangering the welfare of a child.

At the conclusion of Mr. H trial, 88 of the 120 counts were submitted to the jury. He was convicted of two counts of third degree rape, incest, seven counts of endangering the welfare of a child and two counts of third degree sodomy. His criminal defense attorney filed a motion to set aside the verdict, which was denied. Mr. H was sentenced to an aggregate term of 5 1/3 to 16 years. He subsequently appealed his conviction to the New York State Supreme Court Appellate Division.

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