PEOPLE v. ARENA

179 KA 12-01632.

106 A.D.3d 1445 (2013)

964 N.Y.S.2d 383

2013 NY Slip Op 3194

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK ARENA, Appellant.

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

Decided May 3, 2013.


It is hereby ordered that the judgment so appealed from is reversed on the law and a new trial is granted.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of robbery in first degree (Penal Law § 160.15 [3]), robbery in the second degree (§ 160.10 [1]), assault in the second degree (§ 120.05 [6]), and burglary in the first degree (§ 140.30 [3]). Viewing the evidence in light of the elements of the crimes as charged...

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