Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: Defendant was convicted of 58 counts of sodomy in the second degree and 29 counts of endangering the welfare of a child. The convictions for sodomy must be vacated. There is no dispute that the original four-count indictment was defective for duplicity, i.e., it impermissibly charged more than one crime per count (see, CPL 200.30 [1]; People v Faux
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PEOPLE v. TOLLE
144 A.D.2d 963 (1988)
The People of the State of New York, Respondent, v. Daniel Tolle, Appellant
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
November 15, 1988
November 15, 1988
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
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