People v. Doan

—Cardona, P. J.

Appeal from an order of the County Court of Broome County (Smith, J.), entered December 16, 1998, which granted defendant’s motion to dismiss the indictment.

Defendant, a 22-year-old Vietnamese immigrant, began a sexual relationship with the victim when she was 14 years old resulting in the birth of a child in September 1998. According to the victim, she was sexually active prior to beginning a monogamous relationship with defendant who proposed marriage in December 1997. She further maintained that she did not have sexual relations with defendant until after she and her mother…