PEOPLE v. TUTHILL


24 Misc.3d 46 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD TUTHILL, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided April 7, 2009.


Attorney(s) appearing for the Case

Stephen N. Preziosi, Central Islip, for appellant.

Thomas J. Spota, District Attorney, Riverhead (Marcia R. Kucera of counsel), for respondent.

RUDOLPH, P.J., MOLIA and SCHEINKMAN, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction reversed, on the law and as a matter of discretion in the interest of justice, and a new trial ordered.

Defendant was charged with sexual abuse in the second degree (Penal Law § 130.60 [2]) in connection with an incident that allegedly took place while he was giving the complainant, a student at the public school where he taught, a private...

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