Judgment unanimously reversed on the law and new trial granted on count two of indictment; indictment otherwise dismissed without prejudice to the People to re-present any appropriate charges to another Grand Jury.
Memorandum:
Defendant was convicted of sexual abuse in the third degree (Penal Law § 130.55) as a lesser included offense of sexual abuse in the first degree (Penal Law § 130.65 [1]), and unlawful imprisonment in the second degree (Penal...
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