PEOPLE v. PERRY

2008-01913.

81 A.D.3d 665 (2011)

916 N.Y.S.2d 141

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES PERRY, Appellant.

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

Decided February 1, 2011.


Ordered that the judgment is modified, on the law, by vacating the conviction of criminal possession of a weapon in the second degree and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for a new trial on that count.

The defendant was indicted for murder in the second degree, manslaughter in the first degree, manslaughter in the second degree, criminal possession of a weapon...

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