Conviction Reversed and Indictment Dismissed as Verdict Was Against the Weight of the Evidence
At trial, a jury determined Mr. Liston was not guilty of various rape counts and forcible touching, which arose out of allegations made by a 14-year-old complainant. The jury convicted Mr. Liston, however, of endangering the welfare of a child.
The Appellate Division reversed the conviction and dismissed the indictment, concluding the verdict was against the weight of the evidence. The Court stated that the alleged conduct that formed the basis of the acquitted counts “was essentially the same alleged conduct that formed the basis of” the count of conviction. Because the jury had discredited the testimony with respect to the rape and forcible touching counts, the record was devoid of evidence supporting child endangerment. Accordingly, the conviction was reversed and the indictment was dismissed.
Anna Jouravleva represented Mr. Liston
