People v. Lark

Appellate Division of the Supreme Court of New York

People v. Lark

66 A.D.2d 860, 411 N.Y.S.2d 385, 1978 N.Y. App. Div. LEXIS 14196

Appellate Division of the Supreme Court of the State of New York·Decided December 26, 1978·Published·Cited by 1 cases

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 25, 1977, convicting him of rape in the first degree and sexual abuse in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The People candidly concede that defendant was denied a fair trial. However, the indictment is not jurisdictionally defective for failure to state the exact nature of the sexual misconduct charged (see People v Jackson, 46 NY2d 721; People v Iannone, 45 NY2d 589). Shapiro, J. P., Cohalan, Margett and O’Connor, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 25, 1977, convicting him of rape in the first degree and sexual abuse in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The People candidly concede that defendant was denied a fair trial. However, the indictment is not jurisdictionally defective for failure to state the exact nature of the sexual misconduct charged (see People v Jackson, 46 NY2d 721; People v Iannone, 45 NY2d 589). Shapiro, J. P., Cohalan, Margett and O’Connor, JJ., concur.

People v. Lark, 66 A.D.2d 860, 411 N.Y.S.2d 385, 1978 N.Y. App. Div. LEXIS 14196 (N.Y. Ct. App. 1978).

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