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PEOPLE v. SYDORIAK

No. 204 SSM 21

26 N.Y.3d 1015 (2015)

42 N.E.3d 212

2015 NY Slip Op 07787

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. TYSON SYDORIAK, Respondent.

Court of Appeals of New York.

Decided October 27, 2015.

Attorney(s) appearing for the Case

Richard A. Brown , District Attorney, Kew Gardens ( Christopher J. Blira-Koessler of counsel), for appellant.

Lynn W.L. Fahey , Appellate Advocates, New York City ( Alexis A. Ascher of counsel), for respondent.

Judges PIGOTT, ABDUS-SALAAM, STEIN and FAHEY concur; Chief Judge LIPPMAN dissents in an opinion in which Judge RIVERA concurs.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to the Appellate Division, Second Department, for consideration of the facts and issues raised but not determined on the appeal to that Court, for reasons stated in People v Nealon (26 N.Y.3d 152 [2015] [decided herewith]).

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