People v. Johnson

*807Appeal from an order of the County Court of Madison County (O’Brien, III, J.), entered June 12, 1995, which granted defendant’s motion to dismiss the indictment.

On October 18,1990, the Village of Canastota Police Department in Madison County received a report that a 10-year-old girl had been the victim of a rape. Officer David Van Dusen investigated the matter, interviewed the child and her mother, and learned that the incident had occurred just prior to Thanksgiving in 1989. Upon the advice of the District Attorney, a medical examination of the child was scheduled for the following day. When…