People v. Hargis (151 A.D.3d 1948, 2017)

Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered February 2, 2015. The judgment convicted defendant, upon a jury verdict, of rape in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted on count one of the indictment.

Same memorandum as in People v Hargis ([appeal No. 1] 151 AD3d 1946 [2017]).

Present — Whalen, P.J., Peradotto, DeJoseph, Curran and Winslow, JJ.