People v. Church

Appeal from a judgment of the County Court of Otsego County convicting defendant of the felony of carnal abuse of a child, second offense, in violation of section 483-b of the Penal Law. As two prior convictions of carnal abuse of a child and one prior conviction of endangering the morals of a child were charged, the indictment properly set forth three counts, each alleging the same act involving the child concerned in this prosecution and one of the prior convictions. We find no merit in defendant’s contention that the form of the indictment and the failure of the trial court, on defendant’s…