PEOPLE v. KING

2016-08053. Ind. No. 2516/13.

192 A.D.3d 1140 (2021)

2021 NY Slip Op 01996

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

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

Decided March 31, 2021.


Attorney(s) appearing for the Case

Joel B. Rudin , New York, NY ( Jacob Loup of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , Joseph N. Ferdenzi , and Roni C. Piplani of counsel), for respondent.

Rivera, J.P., Connolly, Brathwaite Nelson and Christopher, JJ., concur.


Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for a new trial.

On June 10, 2004, the police received a call on the 911 emergency number reporting that the complainant, then 12 years old, had been raped. She was taken to Jamaica Hospital, where a doctor, who collected evidence for a rape kit, found no signs of trauma or injury. Then, while still in the hospital, the complainant recanted, telling the...

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