PEOPLE v. THOMAS

1319 KA 10-01432.

134 A.D.3d 1428 (2015)

21 N.Y.S.3d 672

2015 NY Slip Op 09489

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES M. THOMAS, SR., Appellant.

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

Decided December 23, 2015.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted on count one of the indictment.

Memorandum: We held this case and remitted the matter to Supreme Court to conduct a reconstruction hearing with respect to the lost recording of a 911 call (People v Thomas, 121 A.D.3d 1536 [2014]). At the hearing, the People called only one

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