People v. Hargis

People v Hargis (2017 NY Slip Op 05364)

People v Hargis

2017 NY Slip Op 05364

Decided on June 30, 2017

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 30, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., PERADOTTO, DEJOSEPH, CURRAN, AND WINSLOW, JJ.

897 KA 15-01190

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

NICOLE E. HARGIS, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

LINDA M. CAMPBELL, SYRACUSE, FOR DEFENDANT-APPELLANT.

KRISTYNA S. MILLS, DISTRICT ATTORNEY, WATERTOWN (HARMONY A. HEALY OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered February 2, 2015. The judgment convicted defendant, upon a jury verdict, of rape in the second degree.

It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law and a new trial is granted on count one of the indictment.

Same memorandum as in People v Hargis ([appeal No. 1] ___ AD3d ___ [June 30, 2017]).

Entered: June 30, 2017

Frances E. Cafarell

Clerk of the Court