Appellate Division of the Supreme Court of New York, 1990

People v. Moss

People v. Moss
Appellate Division of the Supreme Court of New York · Decided October 5, 1990
166 A.D.2d 921; 561 N.Y.S.2d 671; 1990 N.Y. App. Div. LEXIS 12243
People v. Moss

Opinion of the Court

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: The court’s failure to give a circumstantial evidence charge requires that the judgment be modified by reversing defendant’s conviction of first degree rape, vacating the sentence imposed thereon and granting a new trial on that count of the indictment (see, People v Cawthon, 163 AD2d 833; People v Ball, 162 AD2d 989 [each involving *922the appeal of a codefendant]). (Appeal from judgment of Supreme Court, Erie County, Kasler, J.—robbery, first degree.) Present—Callahan, J. P., Doerr, Denman, Green and Balio, JJ.

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