People v. Elliott

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered September 10, 1990, convicting him of sodomy in the second degree (two counts), 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, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

The defendant allegedly engaged in acts of sodomy with the complainant from the time the boy was 10 years old until he was nearly 13 years of age. At…