People v. Tucker

Appeal from a judgment of the County Court of Schenectady County (Giardino, J.), rendered February 28, 2014, upon a verdict convicting defendant of the crime of rape in the first degree.

*1262Defendant was charged in an indictment with rape in the first degree and menacing in the second degree as the result of a 2011 incident wherein he allegedly, among other things, sexually assaulted a physically helpless victim. A trial ended in his acquittal on the menacing count and a hung jury on the rape count. Defendant was thereafter convicted, upon a retrial, of first degree rape. County Court sentenced…