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New trial granted in rape case

Judge should have provided missing witness charge to the jury

The Fourth Department has reversed a rape conviction and granted a new trial because of an inadequate jury instruction. The defendant, Ruben Garcia, was convicted in October 2015 of first-degree rape. The alleged crime happened in April 2005, but Garcia was not charged until February 2014. Garcia’s appellate attorney, Kathleen P. Reardon, argued several issues before the ...