Judgment unanimously modified on the law and as modified affirmed and new trial granted on count two of indictment in accordance with the following Memorandum: Defendant was convicted following a jury trial of criminal possession of a weapon in the third degree, unlawful imprisonment in the first degree, sexual abuse in the second degree and endangering the welfare of a child. The charges arose from an incident on August 4, 1994 involving an 11-year-old girl. We reject the...
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