Section 276 application in a sexual assault case granted: the court admitted DNA-related evidence and permitted questions about the complainant’s prior intercourse with her husband.
The appellate court dismissed the conviction appeal because the trial judge's credibility findings were well-reasoned and entitled to deference; the sentence appeal was dismissed because the sentence was not demonstrably unfit, the trial judge did not improperly rely on the step principle and permissibly treated the prior conviction as aggravating, and the denial of enhanced pre-sentence credit for segregation was a proper exercise of discretion; however the victim surcharge imposed at trial was set aside.