People v. Tonge

Rosenberger and Wallach, JJ.,

dissent in a memorandum by Wallach, J., as follows: Defendant was convicted, upon a jury verdict, of four counts of first-degree rape and related lesser charges. Because we find that defendant was denied a fair trial, we would reverse and remand.

This conviction rests almost entirely upon the detailed and remarkably coherent testimony of the victim, a child nine years of age at trial, who had been entrusted by her mother to defendant’s care at various intervals during the previous two years. Defendant denied all wrongdoing when interviewed by *361the police. In…