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PEOPLE v. LOCICERO

2009-08787.

87 A.D.3d 1163 (2011)

930 N.Y.S.2d 58

2011 NY Slip Op 6861

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNY LOCICERO, Appellant.

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

Decided September 27, 2011.

Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for a new trial.

The defendant was involved in two physical altercations with the complainant and several of the complainant's companions. During the first altercation, the defendant struck the complainant in the face. The defendant was then attacked by approximately 8 to 10 of the complainant's companions. The defendant claimed that one of the complainant...

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