People v. Jimenez

Cross motions by the parties for reargument of the appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered April 5, 1978, which was decided by order of this court, dated December 29,1980. Motion by the District Attorney, granted and cross motion, denied. Decision and order, both dated December 29, 1980, recalled and vacated and the following decision substituted therefor. Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 5, 1978, convicting him of rape in the first degree (two counts) and assault in the second degree, upon a…