People v. Morse

Order unanimously reversed on the law, motion denied, counts one and two of the indictment reinstated and matter remitted to Ontario County Court for further proceedings on the indictment. Memorandum: *1016Viewing the evidence in the light most favorable to the People, we conclude that it was error for County Court to determine that the evidence before the Grand Jury was legally insufficient to establish the offenses of sodomy in the first degree (count one of the indictment) and sexual abuse in the first degree (count two of the indictment) (see, People v Groff, 71 NY2d 101; People v Jennings, 69…