Spain, J.
In November 1997, defendant was indicted on two counts of rape in the third degree (Penal Law § 130.25 [2]) and two misdemeanor counts of endangering the welfare of a child (Penal Law § 260.10 [1]). The charges stem from accusations by two girls that on separate occasions in the summer of 1995 defendant engaged in sexual intercourse with them when they were 15 years of age (victim 1) and 13 years of age (victim 2). Defendant was either 24 or 25...
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