People v. Allsbrook

Motion for reargument of a decision of this court, dated July 26, 1984, which reversed a judgment of the County Court of Albany County (Harris, J.), rendered June 8, 1983.

The People have moved for reargument of our July 26, 1984 decision reversing defendant’s conviction for first degree rape, two counts of first degree attempted sodomy, and second degree robbery (People v Allsbrook, 103 AD2d 983). The primary grounds for reversal, i.e., improper bolstering of the victim’s identification testimony and inadequacy of the jury charge on identification, were based upon our conclusion that the…