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PEOPLE v. KLUGE

2011-11921.

180 A.D.3d 705 (2020)

116 N.Y.S.3d 363

2020 NY Slip Op 00878

The People of the State of New York, Respondent, v. John Kluge, Appellant.

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

Decided February 5, 2020.

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

In May 2010, the defendant was arrested and charged with, inter alia, burglary in the first degree, rape in the first degree, and criminal sexual act in the first degree. DNA testing matched his DNA to DNA collected from a complainant who was attacked and raped in her garage in October 2009. After a trial, the jury convicted the defendant of...

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