Judgment unanimously reversed, on the law and facts, and indictment dismissed.
Memorandum:
Defendant stands convicted of sexual abuse in the first degree (Penal Law, § 130.65) and endangering the welfare of a child (Penal Law, § 260.10). The alleged victim was defendant's four-year-old niece who at the time of trial had just reached her sixth birthday. After appropriate inquiry, the court, pursuant to CPL 60.20 (subd 2), permitted the infant to testify...
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