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PEOPLE v. MASON

No. 173 SSM 8.

21 N.Y.3d 962 (2013)

992 N.E.2d 420

970 N.Y.S.2d 492

2013 NY Slip Op 4276

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS L. MASON, Appellant.

Court of Appeals of New York.

Decided June 11, 2013.

Attorney(s) appearing for the Case

Mary J. Fahey , Syracuse, for appellant.

Barry L. Porsch , District Attorney, Waterloo, for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to that Court for further proceedings in accordance with this memorandum.

On appeal, defendant argued that the jury's verdict was against the weight of the evidence. The order of the Appellate Division (101 A.D.3d 1659 [2012]), however, "`manifest[s] a lack of application of that review power'" (People...

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