People v. Khalek

Appeal by the People from an order of the Supreme Court, Kings County *893(Aiello, J.), entered May 30, 1995, which granted the defendant’s motion to set aside a jury verdict convicting him of sexual abuse in the first degree. By decision and order dated December 16, 1996, this Court reversed the order and reinstated the jury verdict (see, People v Khalek, 234 AD2d 480). On December 2, 1997, the Court of Appeals reversed the order of this Court, granted the defendant a new trial, and remitted the matter to this Court for consideration of the facts pursuant to CPL 470.25 (2) (d) and 470.40 (2) (b)…