Appellate Division of the Supreme Court of the State of New York March 2, 2000 (People v. Kelly)

—Spain, J.

Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered June 3, 1998, upon a verdict convicting defendant of the crimes of rape in the third degree and endangering the welfare of a child.

In November 1997, defendant was indicted on two counts of rape in the third degree (Penal Law § 130.