People v. Gibbs

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered December 21, 1993, convicting him of sexual abuse in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The complainant alleged that the defendant forcibly fondled her breasts in an attempt to rape her. At the time of the alleged offense, the defendant and the complainant were in the complainant’s apartment after a date. The only witness to the incident was the complainant, who testified at trial in great…