People v. Rashtak

*237OPINION OF THE COURT

Ruth Pickholz, J.

The defendant was arrested on June 1, 1994 and issued a desk appearance ticket (DAT) charging him with sexual abuse in the third degree (Penal Law § 130.55 — a class B misdemeanor). On June 22, 1994, defendant first appeared in response to the DAT, and, at that time, a felony complaint was filed charging him with one count of sexual abuse in the first degree (Penal Law § 130.65 [1] — a class D felony). On July 6, 1994, the aforementioned felony charge was reduced to sexual abuse in the second degree (Penal Law § 130.60 — a class A misdemeanor). The charge…