Order unanimously reversed on the law, indictment reinstated and matter remitted to Chautauqua County Court for further proceedings on indictment.
Memorandum:
County Court improperly dismissed the indictment against defendant. The sufficiency of the proof offered before the Grand Jury depended upon the testimony of two infants, aged eight and nine. To rebut the presumption of their incompetence to testify (see, CPL 60.20 [2]), the prosecutor was required...
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