People v. Elwood

Appeal from an order of the Supreme Court (Dowd, J.), entered June 3, 2008 in Chenango County, which granted defendant’s motion to dismiss the indictment.

*1047Defendant 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 that the touching was made for…