Opinion
May 21, 1990
Appeal from the County Court, Westchester County (Lange, J.).
Ordered that the judgment is modified, on the law, by vacating the conviction of sexual abuse in the first degree under the eleventh and twelfth counts of the indictment, by vacating the sentence imposed thereon and dismissing those counts of the indictment; as so modified, the judgment is affirmed.
The defendant's pretrial motion to dismiss should have been granted with respect to the eleventh and twelfth counts of the indictment. Those two counts "span periods of time extending for 10 * * * months [a] period * * * so excessive on [its] face that [it is] unreasonable" (People v. Keindl, 68 N.Y.2d 410, 419; see also, People v. Beauchamp, 74 N.Y.2d 639; People v. Morris, 61 N.Y.2d 290). We have examined the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Bracken, Sullivan and Balletta, JJ., concur.