SPRAGUE, III, EARL F., PEOPLE v

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered January 22, 2014. The judgment convicted defendant, upon a jury verdict, of sexual abuse in the first degree (28 counts).

It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Genesee County Court for further proceedings in accordance with the following memorandum: On appeal from a judgment convicting him of 28 counts of sexual abuse in the first degree (Penal Law § 130.65 [3]), defendant contends, inter alia, that County Court erred in failing to grant his motion…