People v. Pries

— Judgment unanimously reversed, on the law, and indictment dismissed, with leave to the People to resubmit the charges to another Grand Jury. Memorandum: Defendant was indicted of one count of rape in the third degree (Penal Law, § 130.25, subd 2), the indictment alleging that “on or about and between May 1978 and April 1979” defendant, who was 21 years or older, engaged in sexual intercourse with a female who was less than 17 years old. Defendant’s motion to dismiss the indictment, for lacking specificity in stating the date on which the offense charged was committed, was denied, the court…