People v. Hicks

Order, Supreme Court, Bronx County (Darcel D. Clark, J.), entered October 26, 2012, which granted defendant’s motion to vacate a judgment of conviction and directed a new trial on the ground of newly discovered evidence, unanimously affirmed.

*600On June 15, 2000, a judgment was entered in the Supreme Court, Bronx County, convicting defendant after a jury trial of attempted rape in the first degree and attempted sodomy in the first degree. The conviction was based upon the brutal and violent sexual attack of a female victim that occurred in the early hours of February 23, 1998, in a dark alleyway.…