People v Evans

Holding The court reversed the conviction for predatory sexual assault against a child under count 1 because the evidence was legally insufficient to prove the acts occurred over a period of at least three months. The court affirmed the remaining convictions and dismissed the appeal regarding the sentence as moot due to a subsequent resentencing.

The court’s words

the conviction of predatory sexual assault against a child under count 1 of the indictment is not supported by legally sufficient evidence

2026 NY Slip Op 04691, at the official text

there is not legally sufficient evidence to establish that two or more acts of sexual intercourse or oral sexual conduct occurred

2026 NY Slip Op 04691, at the official text

the party who is cross-examining a witness cannot introduce extrinsic documentary evidence or call other witnesses to contradict a witness' answers concerning collateral matters

2026 NY Slip Op 04691, at the official text