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PEOPLE v. HARLEY

62 A.D.2d 1064 (1978)

The People of the State of New York, Respondent, v. Daniel Harley, Also Known as Daniel Hurley, Also Known as Daniel Holley, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 24, 1978

Judgment reversed, on the law, and indictment dismissed, with leave to resubmit the charges to another Grand Jury.

This case is remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. The indictment was fatally defective in that it failed to state the exact nature of the deviate sexual intercourse or the sexual contact with which defendant was charged (see People v Jackson,

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