TICONDEROGA — A Ticonderoga man convicted of sexually abused a 6-year-old girl is getting a new trial, after his conviction was overturned recently in the Appellate Division of State Supreme Court.
Richard L. Brown, 45, now an inmate at Coxsackie State Correctional Facility, was convicted by a jury in August 2011 of five felony counts of first-degree sexual abuse and sentenced to 12 years in state prison.
At his sentencing, the court certified Brown as a sex offender and also gave him 10 years of post-release supervision for acts he allegedly committed while babysitting the girl in 2009.
His attorney, Mitch Kessler of Cohoes, successfully appealed the conviction by asserting that the jury impermissibly heard testimony from his wife that he had admitted sexually abusing the child in an episode that was not among the charges filed against Brown.
Brown’s wife also testified that he occasionally called her by the girl’s first name when they had marital relations, which the appeals court said was improper testimony.
The court directed that, because of the errors, Brown must be given a new trial in Essex County Court.
Brown is also eligible for a bail hearing now that his conviction has been overturned, although he still may not be released, Essex County District Attorney Kristy Sprague said Monday.
“Bail is a matter that can be raised with the court. It will be the court’s decision if such application is made. Usually in these situations, the defendant will remain in jail pending a new trial.”
Essex County Assistant District Attorney Michael Langey argued the case against the appeal.
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