People v. Sutherland
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, P.J.
Appeal from an order of the County Court of Madison County (DiStefano, J.), entered June 21, 2011, which granted defendant’s motion to dismiss the indictment.
Defendant was arrested in 2009 following an allegation that he sexually assaulted a female acquaintance in his dormitory room. He was twice indicted for crimes stemming from such conduct, however each of the indictments was dismissed for various reasons. After the second indictment was dismissed, the People re-presented the charge of rape in the third degree to another grand jury. When defendant appeared to testify, a colloquy ensued…
2Cases cited13 opinions
- People v. HustonNew York Court of Appeals · 1996
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- People v. RolleAppellate Division of the Supreme Court of the State of New York · 2010
- People v. MoffittAppellate Division of the Supreme Court of the State of New York · 2005
- People v. ArbasAppellate Division of the Supreme Court of the State of New York · 2011
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