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PEOPLE v. CARPENTER, JR.

268 A.D.2d 798 (2000)

702 N.Y.S.2d 228

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FREDERIC C. CARPENTER, JR., Respondent.

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

Decided January 20, 2000.

Carpinello, J.

As a result of allegations that he had sexual contact with an 11-year-old girl on April 26, 1998, defendant was indicted for the crimes of sexual abuse in the second degree, rape in the second degree and endangering the welfare of a child. On this appeal, the People challenge County Court's dismissal of count two charging rape in the second degree (see, Penal Law § 130.30) on the ground that the Grand Jury evidence was legally insufficient...

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