People v. Rivera

Appeal by the defendant (1) from a judgment of the Supreme Court, Queens County (Browne, J.), rendered August 21, 1987, convicting him of rape in the first degree, rape in the second degree, attempted sodomy in the first degree, incest and endangering the welfare of a child, upon a jury verdict, and imposing sentence, and (2), by permission, from an order of the same court, dated October 31, 1989, which denied his motion pursuant to CPL 440.10 to vacate the judgment of conviction based upon the alleged withholding of Rosario material.

Ordered that the order is reversed, on the law, the…