People v. Payne

—Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted. Memorandum: Defendant and a codefendant Vernon Frank were jointly charged with rape in the first degree (Penal Law § 130.35 [1]; § 20.00), robbery in the second degree (Penal Law § 160.10 [1]; § 20.00) and grand larceny in the fourth degree (Penal Law § 155.30 [5]; § 20.00). The charges arose out of the forcible rape and robbery of a *1118woman on June 23, 1990 in the City of Niagara Falls. Defendant was convicted, following a jury trial, of rape and robbery. Vernon Frank, who was tried…