PEOPLE v. LEWIS

2014-01357. Ind. No. 1868/11.

178 A.D.3d 952 (2019)

116 N.Y.S.3d 49

2019 NY Slip Op 09023

The People of the State of New York, Respondent, v. Richard Lewis, Appellant.

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

Decided December 18, 2019.


Attorney(s) appearing for the Case

Edwin Ira Schulman , Kew Gardens, NY, for appellant.

John M. Ryan , Acting District Attorney, Kew Gardens, NY ( John M. Castellano , Johnnette Traill , Ellen C. Abbot , and John F. McGoldrick of counsel), for respondent.

Rivera, J.P., Balkin, Roman and Barros, JJ., concur.


Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and the matter is remitted to the Supreme Court, Queens County, for a new trial.

The defendant was charged with attempted rape in the second degree (two counts) and criminal sexual act in the third degree (two counts), among other crimes. The complainant, the defendant's stepdaughter, was between the ages of 12 and 14 when the offenses allegedly occurred. After a jury trial...

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