PEOPLE v. MENDEZ

No. 203 SSM 19

26 N.Y.3d 1004 (2015)

41 N.E.3d 785

19 N.Y.S.3d 821

2015 NY Slip Op 07786

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN MENDEZ, Appellant.

Court of Appeals of New York.

Decided October 27, 2015.


Attorney(s) appearing for the Case

Fitzpatrick, Cella, Harper & Scinto, New York City ( C. Austin Ginnings of counsel), and Richard M. Greenberg , Office of the Appellate Defender, New York City ( Margaret E. Knight of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Jared Wolkowitz and Grace Vee of counsel), for respondent.

Chief Judge LIPPMAN and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN and FAHEY concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the indictment dismissed, with leave to the People, if they be so advised, to resubmit the charge of assault in the second degree to a new grand jury.

Defendant was charged with assault for his conduct during a street brawl in January 2011. During the ensuing jury trial, the People introduced into evidence several...

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