Unanimously reversed on the law and on the facts, and in the interest of justice, count two charging sexual misconduct in the first degree is dismissed, and a new trial directed on the counts remaining (namely, counts three, four, five, and six).
The defendant allegedly raped the nine-year-old complaining witness. The indictment, containing six separate counts, is susceptible of division into two categories. Counts one and two charged the defendant with the crimes...
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