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CONVICTION OF COURSE OF SEXUAL CONDUCT AGAINST A CHILD FIRST DEGREE MUST BE VACATED AS A LESSER INCLUDED OFFENSE OF PREDATORY SEXUAL ASSAULT AGAINST A CHILD (SECOND DEPT).

The Second Department noted that defendant’s conviction of course of sexual conduct against a child in the first degrees must be vacated as a lesser included offense:

… [T]he defendant’s conviction of course of sexual conduct against a child in the first degree under Penal Law § 130.75(1)(a) must be vacated and that count of the indictment dismissed, since that count is a lesser included offense of the crime of predatory sexual assault against a child under Penal Law § 130.96 … . People v Jones, 2020 NY Slip Op 03406, Second Dept 6-17-20

 

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