People v. Snyder

Appeal from a judgment of the Herkimer County Court (Patrick L. Kirk, J.), rendered January 14, 2011. The judgment convicted defendant, upon a jury verdict, of rape in the first *1144degree, rape in the second degree and endangering the welfare of a child.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and as a matter of discretion in the interest of justice and a new trial is granted.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, rape in the first degree (Penal Law § 130.35 [1]). Prior to trial, defendant…