Judgment unanimously reversed, on the law, and indictment dismissed, with leave to the People to resubmit the charges to another Grand Jury.
Memorandum:
Defendant was indicted of one count of rape in the third degree (Penal Law, § 130.25, subd 2), the indictment alleging that "on or about and between May 1978 and April 1979" defendant, who was 21 years or older, engaged in sexual intercourse with a female who was less than 17 years old. Defendant's motion...
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