People v. Testa

— Appeal from a judgment of the Supreme Court at Trial Term (Fischer, J.), rendered March 1, 1982 in Broome County, upon a verdict convicting defendant of the crime of rape in the first degree. U On May 12, 1983, this court reversed defendant’s conviction of rape in the first degree on the ground that the trial court abused its discretion as a matter of law in finding that no substantial right of defendant was affected by the inadvertent disclosure during the jury’s deliberations that a codefendant had pleaded guilty (94 AD2d 852). The People appealed and, on March 29,1984, the Court of…