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Piesik v. Alaska – Case Brief Summary (New York)

In Piesik v. Alaska, 572 P2d 94 (1977) the defendant was charged in a three count indictment with assault, lewd and lascivious acts against a child and sodomy.

The jury found the defendant guilty of the assault and the lewd and lascivious acts but not guilty of sodomy. The Court thereafter declared a mistrial and the defendant was retried on the assault and the lewd and lascivious acts.

At retrial, the Trial Court allowed limited testimony regarding a common element, in both the lewd and lascivious acts charge and the sodomy of which the defendant was acquitted.