People v. Almethoky

Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered June 17, 2002. The judgment convicted defendant, upon a jury verdict, of rape in the third degree (four counts), criminal possession of a weapon in the third degree and endangering the welfare of a child.

It is hereby ordered that the judgment so appealed from be and the same hereby 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 four counts of rape in the third degree (Penal Law § 130.25 [2]) and one count each of…