People v. Di Fabio

OPINION OF THE COURT

Donald J. Mark, J.

The defendant was charged with four counts of sexual abuse in the first degree and four counts of endangering the welfare of a child; six counts were dismissed after an inspection of the Grand Jury minutes. The People were given permission to resubmit the matter to a second Grand Jury, and the court offered to assist the prosecutor in qualifying a child witness to testify before that body. This procedure was acceptable, the said witness was found competent to testify under oath, and the second Grand Jury returned a superseding indictment.

The defendant…