People v. Joon Ho Chin

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng. J.), rendered November 30, 1998, convicting him of rape in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The indictment, as amplified by the bill of particulars, charges that the defendant committed the crime of rape in the first degree (Penal Law § 130.35 [2] [“incapable of consent by reason of being physically helpless”]) in that he engaged in sexual intercourse with the complainant after rendering her unconscious by…