People v. MacAfee
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Greenblott, J. P.
Defendant, who was convicted of two counts of rape in the first degree (Penal Law, § 130.35, subd 3) and one count of endangering the welfare of a child (Penal Law, § 260.10, subd 1), primarily contends that the two rape counts of the indictment were defective and should have been dismissed. We agree.
Count one of the indictment, which alleged that at unknown times between May, 1976 through December, 1977, defendant engaged in sexual intercourse with Stephanie Lynn, a female who was less than 11 years old, was patently defective. CPL 200.50 (subds 6, 7, par…
2Cases cited8 opinions
- People v. IannoneNew York Court of Appeals · 1978
- People v. RosadoAppellate Division of the Supreme Court of the State of New York · 1978
- People v. BrannonAppellate Division of the Supreme Court of the State of New York · 1977
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1971
- People v. Richlin, New York County Courts1973
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3Cited by19 opinions
- People v. KeindlNew York Court of Appeals · 1986
- People v. DavisNew York Court of Appeals · 1988
- Covington v. StateCourt of Appeals of Alaska · 1985
- Grady v. ArtuzDistrict Court, S.D. New York · 1996
- People v. BarlowAppellate Division of the Supreme Court of the State of New York · 1982
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