People v. Owens

*825OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the case remitted to that court for consideration of issues not reached on defendant’s appeal to that court.

At defendant’s rape trial, the evidence against him included the testimony of the 15-year-old victim, who had known defendant for years, and expert testimony regarding the detection of sperm on the victim’s underwear. To meet this evidence, defendant applied for a ruling under CPL 60.42 in order to call 17-year-old William Blake, defendant’s brother-in-law, to testify as to his sexual relations…