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Court Finds Prejudice Against the Defendant, Orders New Trial

This matter deals with Juan S. Afif, the petitioner. The respondents in the matter include Gordon M. Ambach, the Commissioner of Education, et al. The case is being heard in the Third Department Appellate Division of the Supreme Court of the State of New York.

Case Background

A New York Criminal Lawyer said the petitioner in the case, Juan S. Afif was charged with alleged sexual abuse of a patient while conducting a gynecological examination. The charges were made by the Office of Professional Medical Conduct. Included in the charges were abusing a patient physically, gross negligence, fraud, and the practice of medicine with moral unfitness in the profession.

A patient testified that she had a vaginal infection that resulted from a condition that had previously made her seriously ill. She found the petitioners name in a booklet of participating doctors provided to her by her health insurance company. She went to the office of the petitioner on the 23rd of October without an appointment and requested to be seen later that day.

During the examination the patient states that the petitioner manipulated her labia and the front of her vagina. She states that she thought this was odd, but was unsure. She then states that the petitioner jumped on her and put his penis into her vagina and placed his head on her chest. She was in a peculiar position, but was finally able to push him off of her. He fell back and this was when she noticed his penis was exposed. She was unsure of whether or not he had ejaculated. The incident lasted around five or six minutes.

The patient left the office and discussed the issue with a friend. They then called the hotline for rape crises. A cab was sent to pick her up and she was taken to Queens Hospital Center and examined by Dr. Karen Weiss. This was within an hour of the event.

Dr. Weiss indicated that she found mobile sperm in the patient’s vagina, post fornix, and cervical mucous. A New York Criminal Lawyer said this was indicative of the patient having sexual relations within the past eight hours. Other evidence indicated that the patient may have had sexual relations within the last three days.

The patient told Dr. Weiss that she was on the table during the exam and had her eyes closed. The patient states that the next thing she knew the petitioner was on top of her and had his penis in her.

The petitioner states that while he was giving the patient the examination she stated that she needed to leave. He thought that she was tense during the examination and had peculiar behavior. A New York Sex Crimes Lawyer said he states that he left the room after she stated she wanted to leave. The petitioner also stated that he had some reservations about treating her as she came in with a health insurance card under someone else’s name.

The receptionist for the petitioner states that the woman was loud and insisted on an appointment for that day. A said the receptionist states that she was reluctant to have the woman seen as the insurance card she gave was in another name.

Case Discussion and Decision

After reviewing the evidence in the matter the court finds that the petitioner was not treated fairly during the proceeding. A New York Drug Possession Lawyer said the court grants the petitioner the right to have his case reheard in front of a new panel and appropriate measures should be taken to prevent prejudice in the case.

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