AD2 order dated June 12, 2013, affirming judgment of conviction. Decision below: 107 AD3d 829, 966 NYS2d 680. Lippman, Ch. J., granted leave February 28, 2014.

ISSUES PRESENTED: (1) The denial of defendant’s mistrial motion based on unfair surprise, where the People intended to proceed with the case based on the rape complainant’s delayed outcry, but the complainant testified at trial to a prompt outcry. (2) Confrontation clause violation. (3) Ineffective assistance of counsel.