Order unanimously reversed on the law, counts 1, 5, 9, 13 and 17 of indictment reinstated and matter remitted to Erie County Court for further proceedings on those counts of indictment.
Memorandum:
County Court erred in dismissing the five counts of the indictment charging defendant with rape in the first degree (Penal Law § 130.35 [1]) based on its determination that the evidence before the Grand Jury was legally insufficient to establish the requisite...
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