People v. Tuthill

OPINION OF THE COURT

Memorandum.

Judgment of conviction reversed, on the law and as a matter of discretion in the interest of justice, and a new trial ordered.

Defendant was charged with sexual abuse in the second degree (Penal Law § 130.60 [2]) in connection with an incident that allegedly took place while he was giving the complainant, a student at the public school where he taught, a private music lesson at his home.

We first address defendant’s claim of Sandoval-related error. At a pretrial Sandoval hearing, the court precluded inquiry as to two alleged prior incidents involving students at…