Opinion
December 26, 1978
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 N.Y.2d 721; People v. Iannone, 45 N.Y.2d 589). Shapiro, J.P., Cohalan, Margett and O'Connor, JJ., concur.