NEW YORK
Failed Messiah
The appeals court ruled that Lebovits’ conviction is reversed, on the law and as a matter of discretion, and has ordered a new trial because the D.A. did not promptly turn over a police detective’s notes to the defense that documented an alleged attempt by Lebovits to bribe a victim to get the victim to drop the charges against Lebovits.
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
RANDALL T. ENG
ARIEL E. BELEN
SANDRA L. SGROI, JJ.
2010-03777
(Ind. No. 11393/08)
[*1]The People of the State of New York, respondent,
v
Baruch Lebovits, appellant.
Dershowitz, Eiger & Adelson, P.C., New York, N.Y. (Nathan Z.
Dershowitz, Amy Adelson, and Alan M. Dershowitz, Cambridge,
Massachusetts, pro hac vice, of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Anthea H. Bruffee of
counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango, J.), rendered April 12, 2010, convicting him of criminal sexual act in the third degree (eight counts), upon a jury verdict, and imposing sentence.
ORDERED that the judgment is reversed, on the law and as a matter of discretion, and a new trial is ordered.
The defendant was charged with, inter alia, 10 separate counts of criminal sexual act in the third degree. The indictment alleged, among other things, that the defendant engaged in oral sexual conduct with the complainant, a then-16-year-old boy, on 10 separate occasions, approximately once a month, between May 2, 2004, and February 22, 2005.
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