PEOPLE v. GIBBS

384 KA 11-00056

126 A.D.3d 1409 (2015)

5 N.Y.S.3d 781

2015 NY Slip Op 02362

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENJAMIN S. GIBBS, Appellant.

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

Decided March 20, 2015.


Appeal from a judgment of the Monroe County Court (Frank P. Geraci, Jr., J.), rendered October 20, 2010. The judgment convicted defendant, upon a jury verdict, of predatory sexual assault against a child.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted on count one of the indictment.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of predatory sexual assault...

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