People v. Deblinger

OPINION OF THE COURT

Albert Tomei, J.

Defendant was charged with various crimes alleging the *36sexual assault of his young daughter on three occasions. After a nonjury trial, defendant was convicted of sodomy in the first degree, sexual abuse in the first degree (five counts), sexual abuse in the third degree (five counts), incest, and endangering the welfare of a child, all pertaining to the third incident. Defendant was acquitted of all charges as to the two earlier alleged incidents. (Tomei, J., at trial.)

In his motion to set aside the verdict pursuant to CPL 330.30, among other claims,…