People v. Khalek

*186OPINION OF THE COURT

Ronald J. Aiello, J.

Defendant moves to set aside the jury’s verdict of guilty on one count of sexual abuse in the first degree, pursuant to CPL 330.30. In addition to the determination on the count defendant wishes to upset, the jury rendered a verdict acquitting him of one count of rape in the first degree and two additional counts of sexual abuse in the first degree. All of the charges relate to one incident between the defendant and complainant that took place on July 28, 1992.

In deciding this motion, the court must address two issues:(a) does the failure of the jury to…