PEOPLE v. COTTERELL


7 A.D.3d 807 (2004)

779 N.Y.S.2d 500

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON COTTERELL, Appellant.

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

May 24, 2004.


Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered, to be preceded by a new Sandoval hearing (see People v Sandoval, 34 N.Y.2d 371 [1974]).

The defendant correctly contends, and the People appropriately concede, that, when giving its charge, the trial court did not properly instruct the jury in a number of respects. The defendant's...

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