Defendant, aged 68, was indicted and charged with three counts of rape in the second degree and two counts of sexual abuse in the second degree, all involving a 12-year-old girl. Upon trial, two of the counts of rape were dismissed and defendant was acquitted of the third count. He was found guilty of the two counts of sexual abuse and sentenced to two consecutive terms of one year in jail. This appeal ensued. Based upon the victim's accusatory statement, the New York State...
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