| People v Hargis |
| 2017 NY Slip Op 05364 [151 AD3d 1948] |
| June 30, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Nicole E. Hargis, 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] 151 AD3d 1946 [2017]). Present—Whalen, P.J., Peradotto, DeJoseph, Curran and Winslow, JJ.