People v. Labenski

— Judgment unanimously reversed on the law and facts and new trial granted, in accor*908dance with the following memorandum: Defendant appeals from a judgment rendered after a jury trial convicting him of rape in the first degree (Penal Law § 130.35 [1]), sodomy in the first degree (Penal Law § 130.50 [1]), sexual abuse in the first degree (Penal Law § 130.65 [1]) and burglary in the second degree (Penal Law § 140.25 [2]). The convictions arose out of defendant’s alleged sexual conduct with a 17-year-old girl in her home on October 13, 1983. The victim informed her boyfriend and a neighbor that…