PEOPLE v. HEINZELMAN


170 A.D.2d 841 (1991)

The People of the State of New York, Respondent, v. Joseph Heinzelman, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 21, 1991


Casey, J. P.

Defendant's principal argument on his appeal is that his conviction on the third count of the indictment, which charged him with sexual abuse in the first degree, is illegal since that count is duplicitous and violative of the provisions of CPL 200.30. Pursuant to CPL 200.30 (1) "Each count of an indictment may charge one offense only." The third count charges defendant as follows: "The defendant, in the Town of Elmira, County of Chemung...

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