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PEOPLE v. JOHNSON

No. 104.

23 N.Y.3d 973 (2014)

12 N.E.3d 1109

989 N.Y.S.2d 680

2014 NY Slip Op 4039

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHARMELLE JOHNSON, Appellant.

Court of Appeals of New York.

Decided June 5, 2014.

Attorney(s) appearing for the Case

Richard M. Greenberg , Office of the Appellate Defender, New York City ( Lauren Stephens-Davidowitz > and Sara Gurwitch of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Andrew E. Seewald and Susan Axelrod of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's motion to vacate his plea granted, and the case remitted to Supreme Court for further proceedings in accordance with this memorandum.

Defendant was indicted on two counts of rape in the first degree and one of criminal possession of stolen property in the fifth degree. The victim did not have a recollection of the alleged rape, or of any interaction...

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