PEOPLE v. LAKHANI

2019-1121 RO CR.

70 Misc.3d 55 (2020)

137 N.Y.S.3d 617

2020 NY Slip Op 20342

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HITEN LAKHANI, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided December 17, 2020.


Attorney(s) appearing for the Case

Larkin, Ingrassia & Tesermayster, L.L.P. ( John Ingrassia of counsel) for appellant.

Thomas E. Walsh II , District Attorney ( Tina L. Guccione of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, on the law and as a matter of discretion in the interest of justice, and the matter is remitted to the Justice Court for a new trial.

Insofar as is relevant to this appeal, in May 2016, a misdemeanor information was filed charging defendant with sexual abuse in the second degree (Penal Law § 130.60[2]). The accusatory instrument alleged that, in August 2012...

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