People v. Tunstall

Appeal by defendant from a judgment of the Supreme Court, Richmond County (Di Vernieri, J.), rendered July 18, 1980, convicting him of rape in the first degree, sodomy in the first degree (two counts), robbery in the second degree, and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. One of the complainants was hypnotized before trial in an effort to elicit further identifying details of her attackers. At trial the court excluded testimony concerning the hypnosis itself but permitted the witness to describe…