PLATTSBURGH — An appeals court has modified a ruling in Essex County Court that threw out part of a sex-case indictment.

Gerald P. LaPage was charged in a 10-count indictment with two counts of first-degree rape; two counts of first-degree criminal sexual act; first-, second- and third-degree sexual abuse; endangering the welfare of a child; and first-degree course of sexual misconduct against a child.

All charges stem from sexual contact with a child that began in 1997 when she was 7.

According to the ruling by the Appellate Division of the State Supreme Court, LaPage moved to have the indictment dismissed as being legally deficient.

On Feb. 11, Judge Richard Meyer dismissed counts 7, 8 and 9 because the time periods during which the alleged crimes were committed were not specific. He said that because the victim was 14 at the time, she should have been able to be more specific.

The appeals court said that, while an indictment that specifies the date and time is preferable, it is not mandatory. As long as the defendant can have an approximation of the time, he can prepare a defense that is sufficient.

In this case, counts 8 and 9 charged LaPage with third-degree rape and endangering the welfare of a child, which allegedly took place in the fall of 2006.

After the motion to dismiss was filed, the district attorney provided further details about the timing. It alleged LaPage raped the victim in his home in “late summer or early fall of 2006 when the victim had begun school classes for the year.” It further said it was on a weekend when LaPage’s girlfriend was visiting family out of state.

The appeals court said this was sufficient for LaPage to prepare a defense and that those counts should be reinstated.

As to count 7, third-degree sexual abuse, the court agreed with Meyer. The victim said it happened on a weekend at LaPage’s home sometime in the summer of 2004. However, the victim spent most every weekend that summer at the home and said she was abused every time.

Therefore, the court let stand the dismissal of that count.

E-mail Sue Botsford:

botsford@westelcom.com