PEOPLE v. ELWOOD


62 A.D.3d 1046 (2009)

880 N.Y.S.2d 197

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ROGER G. ELWOOD, Respondent.

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

May 7, 2009.


LAHTINEN, J.

Defendant was indicted for sexual abuse in the first degree and endangering the welfare of a child based upon alleged conduct involving the touching of the buttocks of a young girl (born in 2000). He moved to dismiss the indictment on the ground that the evidence before the grand jury was not legally sufficient. Supreme Court granted the motion, finding that the evidence was insufficient to support an inference...

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