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PEOPLE v. HARDWARE

Ind. No. 4473/17. Appeal No. 14759. Case No. 2018-04304.

200 A.D.3d 431 (2021)

154 N.Y.S.3d 767

2021 NY Slip Op 06772

The People of the State of New York, Respondent, v. Darnell Hardware, Appellant.

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Matthew W. Christiana of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Sheila L. Bautista of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Kern, Gesmer, Kennedy, JJ.

The indictment was jurisdictionally defective because it "d[id] not effectively charge the defendant with the commission of a particular crime" (People v D'Angelo, 98 N.Y.2d 733, 734 [2002]). A person is guilty of persistent sexual abuse (Penal Law § 130.53) when the person commits any of three separately codified offenses—forcible touching (Penal Law § 130.52), second-degree sexual abuse (Penal Law § 130.60...

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