OPINION OF THE COURT
SALVATORE J. MODICA, J.
The defendant is charged with a single count of sexual misconduct under Penal Law § 130.20 (1). It is alleged that this 19-year-old defendant had sexual intercourse with a 14-year-old girl "numerous times" between the dates of September 22, 2002 and April 2, 2003. The defendant, relying on People v Keindl (
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