PEOPLE v. KIRTS


179 A.D.2d 1071 (1992)

The People of the State of New York, Appellant, v. Timothy Kirts, Respondent

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

January 31, 1992


Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Supreme Court, for further proceedings on the indictment.

Memorandum:

Supreme Court erred in dismissing the indictment on the ground that the evidence before the Grand Jury was legally insufficient to establish the offenses of sexual abuse in the first degree (Penal Law § 130.65 [1]), assault in the second degree (Penal Law § 120.05 [6]) and assault...

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