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PEOPLE v. ROSSEY

89 N.Y.2d 970 (1997)

678 N.E.2d 473

655 N.Y.S.2d 861

The People of the State of New York, Appellant, v. Jose Rossey, Respondent.

Court of Appeals of the State of New York.

Decided February 13, 1997.

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Johnnette Traill and John M. Castellano of counsel), for appellant.

Carlos G. Manalansan, New York City, and Daniel L. Greenberg for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur in memorandum; Judge TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to that Court for consideration of the facts and other issues raised but not considered on the appeal to that Court.

Defendant was convicted of murder in the second degree (Penal Law § 125.25 [1]) and criminal possession of a weapon in the second and third degrees (Penal Law § 265.02 [4]; § 265.03). The Appellate...

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