People v. Emmons

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Zelman, J.), rendered October 2, 1984, convicting him of attempted rape in the first degree, sexual abuse in the first degree, and endangering the welfare of a child, after a nonjury trial, and imposing sentence.

*558Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

The key witness for the prosecution was an eight-year-old girl. She claimed that the…