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PEOPLE v. BUTLER

84 N.Y.2d 627 (1994)

644 N.E.2d 1331

620 N.Y.S.2d 775

The People of the State of New York, Appellant, v. Sidney Butler, Respondent.

Court of Appeals of the State of New York.

Decided December 13, 1994.

Attorney(s) appearing for the Case

Jeanine Pirro, District Attorney of Westchester County, White Plains (Maryanne Luciano and Richard L. Hecht of counsel), for appellant.

Jacqueline F. Oliva, White Plains, Stephen J. Pittari and Robert W. Stieve for respondent.

Chief Judge KAYE and Judges SIMONS, SMITH and CIPARICK concur with Judge BELLACOSA; Judge LEVINE dissents and votes to affirm in a separate opinion in which Judge TITONE concurs.

BELLACOSA, J.

The People appeal from an order of the Appellate Division that reversed, on the law, a judgment of Westchester County Court. Defendant was convicted after a jury trial of murder in the second degree and criminal possession of a weapon in the third degree. The Appellate Division ordered a new trial because, in its view, the trial court committed reversible...

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