People v. Leshaj

Defendant appeals as of right his conviction of one count of third-degree criminal sexual conduct, MCL 750.520d(l)(b), following a jury trial in which he was acquitted of two other criminal sexual conduct counts. We reverse and remand for a new trial on the count of which defendant was convicted.

i

Defendant was tried on three charges of criminal sexual assault involving a female apartment neighbor, who was allegedly “mentally challenged.” He set forth a defense of consent. The complainant testified that she did not consent. The verdict of the jury hinged on its determination of each witness’…