PEOPLE v. KEARNS


56 A.D.3d 1047 (2008)

867 N.Y.S.2d 775

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID J. KEARNS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 26, 2008.


Carpinello, J.

Defendant was charged with harassment in the second degree following a domestic incident involving his teenage daughter. At the nonjury trial that ensued, each gave a different version of what transpired on the night in question. The daughter testified that defendant arrived home one evening in an intoxicated state and demanded that she go to bed. When she replied that it was not her bedtime, defendant yanked a hair device out of her hand and threw...

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