PEOPLE v. FRANCO


11 A.D.3d 710 (2004)

784 N.Y.S.2d 133

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RENATO FRANCO, Appellant.

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

October 25, 2004.


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

The indictment charged the defendant with 36 counts of various sexual offenses relating to allegations that he raped, sexually abused, and sodomized his 12-year-old stepdaughter numerous times between May 2000 and August 2000. The 37th count...

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