People v. Ross

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mullen, J), rendered December 18, 2008, convicting him of criminal sexual act in the first degree, sexual abuse in the first degree (five counts), assault in the second degree (two counts), and unlawful possession of marihuana, upon a jury verdict, and imposing sentence.

*879Ordered that the judgment is modified, on the facts, by vacating the conviction of criminal sexual act in the first degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The…