People v. Savinon

—Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered May 11, 2001, convicting defendant, after a jury trial, of rape in the first degree and sexual abuse in the first degree, and sentencing him to concurrent terms of nine years and five years, respectively, unanimously affirmed.

The court properly granted the People’s motion for a mistrial where defense counsel’s opening statement in the first attempt to try this case blatantly and prejudicially violated the rape shield law (CPL 60.42). There was no colorable theory under which the victim’s sexual history would be relevant…