People v. Cunningham

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

In April, 1978, defendant cut his stepdaughter’s face during an argument. On July 25, 1978, defendant was indicted for assault and released on bail. He was represented by counsel.

In late August, 1979, the Nassau County District Attorney’s office referred a complaint against defendant to the county police. The complaint accused defendant of sexually abusing his seven-year-old stepdaughter. Although the same District Attorney’s office was prosecuting the 1978 assault charge, with respect to which the District…