PEOPLE v. ELLIOTT


209 A.D.2d 537 (1994)

619 N.Y.S.2d 68

The People of the State of New York, Respondent, v. Marc Elliott, Appellant

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

November 14, 1994


Ordered that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

The defendant allegedly engaged in acts of sodomy with the complainant from the time the boy was 10 years old until he was nearly 13 years of age. At trial, the jury found the defendant not guilty of 95 counts of sodomy, but the defendant was convicted...

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