PEOPLE v. WAGSTAFFE

2011-11663

120 A.D.3d 1361 (2014)

992 N.Y.S.2d 340

2014 NY Slip Op 06217

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EVERTON WAGSTAFFE and REGINALD CONNOR, Appellants.

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

Decided September 17, 2014.


Ordered that the order is reversed, on the law, the defendants' separate motions pursuant to CPL 440.10 to vacate the judgments of conviction rendered against each of them are granted, the indictments are dismissed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent with CPL 160.50.

Just before 7:00 a.m. on January 1, 1992, the police found the body of a 16-year-old homicide victim on a street in a deserted industrial...

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