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PEOPLE v. BROTHERS

2009-08014.

95 A.D.3d 1227 (2012)

944 N.Y.S.2d 645

2012 NY Slip Op 4021

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNARD BROTHERS, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 23, 2012.

Ordered that the judgment is reversed, on the law and in the exercise of discretion, and a new trial is ordered.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620 [1983]), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict...

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