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Argued January 21 OPINION The defendant, George McPhee, appeals from the judgments of conviction, rendered after a jury trial, of one count of sexual assault in the first degree in violation of General Statutes 53a-70 (a) (2), two counts of sexual assault in the third degree in violation of General Statutes 53a-72a (a) (1), and three counts of risk of injury to a child in violation of General Statutes (Rev. to 1993) 53-21 (1). On appeal, the defendant claims that the trial court improperly (1) allowed one of the victims to hold a large, stuffed toy animal while testifying, (2) admitted into evidence testimony about certain acts of uncharged misconduct, (3) excluded from evidence a physician's handwritten notes that allegedly were taken for the purpose or in furtherance of treatment or diagnosis and (4) failed to instruct the jury on the offense of cruelty to persons. We affirm the judgments of the trial court. The jury reasonably could have found the following facts. Between 1993 and 1995, the defendant lived in Bristol with his wife and their child, S, and his wife's three children from a previous marriage, M, C and D. During this time, the defendant subjected M and C to sexual contact by playing what was called ""the ice game."" The ice game was played one or more times each month, and began when M was seven years old and continued until she was nine years old. The defendant would ask one of the children to retrieve a tray of ice from the freezer, and then would take a piece of ice and put it in their underwear. The defendant would rub the ice around M's vagina and then place it inside her vagina until the ice melted. After the ice melted, the defendant would place his finger inside her vagina. The defendant also would place a piece of ice in C's underwear and rub it around his penis until the ice melted, at which time he would fondle C while pretending to be trying to find the ice.

Professional & Technical
July 4
LawApp Publishers

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