Order unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: The court correctly determined that the evidence before the Grand Jury was legally insufficient to support two counts of aggravated sexual abuse (Penal Law § 130.70). Defendants were charged with two counts of aggravated sexual abuse, on an accessorial liability theory, for allegedly inserting a foreign object into the victim's vagina and rectum. The evidence...
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