Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the County Court, Suffolk County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
The defendant was charged in a two-count indictment with attempted rape in the first degree and sexual abuse in the first degree for an incident which occurred in the early morning hours of August 1, 1987. These were the only two counts submitted...
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