People v. Thomas

— Judgment unanimously reversed, on the law, and a new trial granted. Memorandum: Defendant was convicted after a jury trial of rape in the first degree, robbery in the second degree (two counts), assault in the second degree, and unlawful imprisonment in the second degree. The charges arose from an attack by two young men on a woman pedestrian in the City of Syracuse during the early evening hours of March 17, 1980. The victim identified the defendant as one of her attackers at a lineup conducted a week following the incident. At trial, both the defendant and his codefendant offered an alibi…