People v. Ruiz

Judgment, Supreme Court, Bronx County, rendered November 4, 1977, after a jury trial, convicting the defendant of rape in the first degree and sodomy in the first degree, reversed, on the law and as a matter of discretion in the interest of justice, and the matter remanded for a new trial. The defehdant was indicted for the crimes of rape in the first degree and sodomy in the first degree performed on Wanda, the 12-year-old daughter of defendant’s "common-law” wife on the evening of November 18, 1976. Wanda, the victim, was the main prosecution witness at the trial. She testified that the…