PEOPLE v. CLARKE

2010-11721.

90 A.D.3d 777 (2011)

934 N.Y.S.2d 239

2011 NY Slip Op 9144

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GUY CLARKE, Appellant.

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

Decided December 13, 2011.


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

At trial, the complainant was permitted to testify about an uncharged allegation of sexual abuse committed by the defendant. The complainant could not recall when the abuse happened, but testified in detail as to what had occurred. The County Court instructed the jury that it could consider this evidence solely for the purpose of determining a lack of mistake. Following the trial, the defendant...

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