PEOPLE v. CLINKSCALEAS

2008-09756.

78 A.D.3d 1069 (2010)

912 N.Y.S.2d 260

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRELL CLINKSCALEAS, Appellant.

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

Decided November 23, 2010.


Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and the matter is remitted to the County Court, Nassau County, for a new trial.

Jose Benitez allegedly was robbed and beaten on July 10, 2005, in Roosevelt, New York. A few days later, he died in the hospital due to a subdural hematoma caused by blunt instrument trauma to his head. The defendant and two codefendants, Hesekia McConneghey and Eric Smith, were...

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