People v. Gioeli

—Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullin, J.), rendered July 31, 2000, convicting him of rape in the second degree, sexual abuse in the second degree (two counts), and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Suffolk County, for the purposes of entering an order in its discretion pursuant to CPL 160.50.

Following accusations of sexual abuse by his daughter, the defendant was indicted…