PEOPLE v. JERGE

KA 11-00536.

90 A.D.3d 1486 (2011)

935 N.Y.S.2d 396

2011 NY Slip Op 9372

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY L. JERGE, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 23, 2011.


It is hereby ordered that the judgment so appealed from is reversed on the law and a new trial is granted.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, sexual abuse in the second degree (Penal Law § 130.60 [2]) and course of sexual conduct against a child in the second degree (§ 130.80 [1] [b]). We agree with defendant that County Court erred in denying his motion to set aside the verdict based on juror...

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