People v. Franco

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered December 21, 2001, convicting him of endangering the welfare of a child, after a nonjury trial, 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 purpose of entering an order in its discretion pursuant to CPL 160.50.

The indictment charged the defendant with 36 counts of various sexual offenses relating to allegations that he raped, sexually abused, and sodomized his…