Appellate Division of the Supreme Court of New York, 2017

People v. Hargis

Appellate Division of the Supreme Court of New York · Decided June 30, 2017 · Whalen, Peradotto, Dejoseph, Curran, Winslow

2017 NY Slip Op 5364; 151 A.D.3d 1948; 54 N.Y.S.3d 901; 2017 N.Y. App. Div. LEXIS 5470

Opinion

Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered February 2, 2015. The judgment convicted defendant, upon a jury verdict, of rape in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted on count one of the indictment.

Same memorandum as in People v Hargis ([appeal No. 1] 151 AD3d 1946 [2017]).

Present — Whalen, P.J., Peradotto, DeJoseph, Curran and Winslow, JJ.

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