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Procedural delays cited in dismissal of rape case

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CANTON — A 2011 rape case against a Massena man was dismissed in St. Lawrence County Court Monday in response to a defense request on the grounds that it had not been handled in a timely fashion, as required under state law.

Massena Village Police charged Kurtis P. Moore, 20, of 43 Martin St., on Feb. 7, 2011 with four counts of second-degree rape and four counts of endangering the welfare of a child. They alleged that Mr. Moore, who was 18 at the time, had sexual intercourse with a 14-year-old girl on four occasions between July 1 and Christmas, 2010. The girl indicated she had been communicating with Mr. Moore online for about six months, police said.

In court Monday, Public Defender Stephen D. Button requested dismissal under Section 180.85 of the state’s Criminal Procedure Law, which permits the termination of a felony prosecution case that has not been presented to a grand jury or otherwise disposed of within a year of arraignment.

Mr. Moore was arraigned Feb. 7, 2011 by Massena Village Justice Eric J. Gustafson and released under the supervision of the Probation Department.

Following Monday’s proceedings, Mr. Button said his office was assigned to Mr. Moore’s case on Feb. 22, 2011. In a March 8, 2011 local court appearance, his office waived the matter up to county court to await grand jury presentment, Mr. Button said.

Assistant District Attorney Amanda N. Nissen said in court that the DA’s office had never been presented with a copy of the file.

Efforts to reach Ms. Nissen and District Attorney Nicole M. Duvé were unsuccessful Monday.

Mr. Button said Moore is under the supervision of probation officers on unrelated charges.

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