PEOPLE v. GIBBS


215 A.D.2d 689 (1995)

628 N.Y.S.2d 296

The People of the State of New York, Respondent, v. Otto Gibbs, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 22, 1995


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The complainant alleged that the defendant forcibly fondled her breasts in an attempt to rape her. At the time of the alleged offense, the defendant and the complainant were in the complainant's apartment after a date. The only witness to the incident was the complainant, who testified at trial in great detail about the facts leading to the alleged sexual abuse. On cross-examination, counsel...

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