Appellate Division of the Supreme Court of the State of New York March 1, 2001 (People v. Struts)

Cardona, P. J.

*656Appeal from an order of the County Court of Albany County (Rosen, J.), entered August 24, 1999, which granted defendant’s motion to dismiss the indictment.

Defendant was indicted on two counts of rape in the third degree, in violation of Penal Law § 130.