PEOPLE v. MacAFEE


76 A.D.2d 157 (1980)

The People of the State of New York, Respondent, v. Roy A. MacAfee, Appellant

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

July 24, 1980


Attorney(s) appearing for the Case

James M. Kerrigan for appellant.

Joseph Joch, District Attorney, for respondent.

KANE, STALEY, JR., MIKOLL and CASEY, JJ., concur.


GREENBLOTT, J. P.

Defendant, who was convicted of two counts of rape in the first degree (Penal Law, § 130.35, subd 3) and one count of endangering the welfare of a child (Penal Law, § 260.10, subd 1), primarily contends that the two rape counts of the indictment were defective and should have been dismissed. We agree.

Count one of the indictment, which alleged that at unknown times between...

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