March 31, 2021
Firm wins reversal of first-degree rape conviction in Queens
Today the New York Appellate Division, Second Department, reversed our client’s conviction for first-degree rape in People v. King. Jacob Loup took the lead in writing the briefs, with the collaboration of firm principal Joel Rudin, who argued the appeal.
In today’s ruling, the Appellate Division agreed with our argument that the trial court violated Mr. King’s constitutional and statutory right to be present when it held an ex parte, in camera interview with the complainant during the trial. It also agreed that the trial court (1) abused its discretion by striking the complainant’s cross-examination testimony about her psychiatric history, (2) improperly let the prosecution introduce a statement allegedly made by Mr. King despite their failure to give proper statement notice under CPL § 710.30, and (3) improperly allowed the statement to be admitted in violation of People v. Molineux, 168 N.Y. 264 (1901).
You can read the decision here.