CONVICTION OF A LESSER INCLUDED COUNT OF PREDATORY SEXUAL ASSAULT (I.E. COURSE OF SEXUAL CONDUCT AGAINST A CHILD) VACATED (SECOND DEPT),
The Second Department vacated defendant’s conviction of a lesser included count:
… [T]he defendant’s conviction of predatory sexual assault against a child under Penal Law § 130.96 requires dismissal of the lesser included count of course of sexual conduct against a child in the first degree under Penal Law § 130.75(1)(a) … . People v Mendez-Huales, 2020 NY Slip Op 04774, Second Dept 8-26-20