State v. Gary S.
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The Supreme Court reversed the judgment of the trial court with respect to the count of risk of injury to a child pertaining to one of the complainants and otherwise affirmed Defendant's conviction of several counts of sexual assault, holding that the evidence presented at trial was sufficient to support the remaining convictions.
Defendant was convicted of several counts of attempt to commit sexual assault in the first degree, sexual assault in the first degree, sexual assault in the second degree, and risk of injury to a child. On appeal, Defendant argued, among other things, that the evidence presented at trial was insufficient to support his conviction on certain counts. The Supreme Court reversed in part, holding (1) the evidence was insufficient to support Defendant's conviction for risk of injury to a child; and (2) the prosecutor's use of Defendant's prior misconduct was improper, but the jury's verdict would not have been different in the absence of that comment.
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