PEOPLE v. SUTHERLAND

105155.

104 A.D.3d 1064 (2013)

962 N.Y.S.2d 463

2013 NY Slip Op 2114

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ADRIAN J. SUTHERLAND, Respondent.

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

March 28, 2013.


Defendant was arrested in 2009 following an allegation that he sexually assaulted a female acquaintance in his dormitory room. He was twice indicted for crimes stemming from such conduct, however each of the indictments was dismissed for various reasons. After the second indictment was dismissed, the People re-presented the charge of rape in the third degree to another grand jury. When defendant appeared to testify, a colloquy ensued concerning his waiver of immunity during...

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