PEOPLE v. McGANN

570408/09.

35 Misc.3d 17 (2011)

942 N.Y.S.2d 757

2011 NY Slip Op 21410

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT McGANN, Appellant.

Supreme Court, Appellate Term, First Department.

Decided November 22, 2011.


Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York City ( Gina Mignola of counsel), for appellant.

Legal Aid Society, New York City ( Michael McLaughlin and Steven Banks of counsel), for respondent.

PRESENT: SHULMAN, J.P., SCHOENFELD and TORRES, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Judgment of conviction, rendered January 22, 2009, reversed, on the law, accusatory instrument dismissed and fine, if paid, remitted.

Evidence at trial showed that, in the early morning hours of March 7, 2008, defendant was observed lying "outstretched" on a flat piece of cardboard covered by a blanket and sheets, and that defendant had in his possession a backpack...

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