People v. Bottcher

OPINION OF THE COURT

Sol R. Dunkin, J.

In this case the court considers whether the recent Appellate Division ruling in People v Jackson (60 AD2d 892) and People v Smith (60 AD2d 896) dismissing sodomy indictments as jurisdictionally defective for lack of specificity must be applied to an indictment charging sexual abuse.

The defendant was indicted on August 24, 1977 for the crimes of sexual abuse in the first degree under the first and second counts of the indictment and endangering the welfare of a child under the third and fourth counts. Defendant’s omnibus motion was submitted on January 16,…