Appellate Division of the Supreme Court of the State of New York December 31, 2003 (People v. Sanders)

Appeal from a judgment of Erie County Court (D’Amico, J.), entered October 9, 2001, convicting defendant after a jury trial of rape in the first degree ánd criminal contempt in the first degree.

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