It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.
Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of rape in the first degree (Penal Law § 130.35[1]). The alleged crime occurred in April 2005, but defendant was not charged until February 2014. We now reverse.
Viewing the evidence independently and in light of the elements of the crime as charged to...
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