People v. Carpenter

Appeal from an order of the County Court of Cortland County (Avery, J.), entered December 28, 1998, which, inter alla, partially granted defendant’s motion to dismiss the indictment.

As a result of allegations that he had sexual contact with an 11-year-old girl on April 26, 1998, defendant was indicted for the crimes of sexual abuse in the second degree, rape in the second degree and endangering the welfare of a child. On this appeal, the People challenge County Court’s dismissal of count two charging rape in the second degree (see, Penal Law § 130.30) on the ground that the Grand Jury…