People v. Gilliam

Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered May 28, 2008. The judgment convicted defendant, upon his plea of guilty, of rape in the second degree. The judgment was affirmed by order of this Court entered July 1, 2011 (86 AD3d 923 [2011]), and defendant on November 28, 2011 was granted leave to appeal to the Court of Appeals from the order of this Court (17 NY3d 953 [2011]), and the Court of Appeals on May 8, 2012 reversed the order and remitted the case to this Court for clarification of the basis of this Court’s decision (19 NY3d 842 [2012]).

Now, upon…