Appellate Division of the Supreme Court of the State of New York October 27, 2011 (People v. Kruger)

Rose, J.P.

Defendant was indicted for aggravated sexual abuse in the second degree, sexual abuse in the first degree, sexual abuse in the second degree and two counts of endangering the welfare of a child based upon charges that he had undressed a sleeping 11-year-old girl who then awoke to find him touching her vagina and, on a separate occasion, similarly abused her 10-year-old sister.