People v. Limage

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered August 1, 1975, convicting him of rape in the first degree, sexual abuse in the first degree and sexual misconduct, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. No fact issues were presented for review. It was conceded by both the complainant and defendant that they had sexual relations in defendant’s stepfather’s home on the evening of November 12, 1973. There were no eyewitnesses to the sexual intercourse although others had been present in the house. The…