People v. Collins

—Order, Supreme Court, Bronx County (Joseph Fisch, J.), entered on or about May 30, 1997, granting defendant’s motion pursuant to CPL 440.10 to set aside a judgment, same court and Justice, rendered February 6, 1995, convicting defendant, after a jury trial, of two counts of sodomy in the first degree, and sentencing him, as a second felony offender, to concurrent terms of 9 to 18 years, unanimously affirmed.

While we agree with the People that they had no affirmative duty to ascertain whether the complainant in the underlying case had a psychiatric history and that they thus committed no…