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PEOPLE v. McCULLOUGH

No. 105.

27 N.Y.3d 1158 (2016)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JAMELL R. McCULLOUGH, Respondent.

Court of Appeals of New York.

Decided June 28, 2016.

Attorney(s) appearing for the Case

Sandra Doorley , District Attorney, Rochester ( Scott Myles , and Geoffrey Kaeuper of counsel), for appellant.

Easton Thompson Kasperek Shiffrin LLP, Rochester ( Brian Shiffrin , of counsel), and Timothy P. Donaher , Public Defender, for respondent.

Kramer Levin Naftalis & Frankel LLP, New York City ( David S. Frankel , Lynda M. Tricarico and Kaavya Viswanathan of counsel), and The Innocence Project, Inc., New York City ( Barry C. Scheck and Karen A. Newirth of counsel), for The Innocence Project, Inc., amicus curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to that Court for consideration of the facts and issues raised but not determined on appeal to that Court.

Defendant was charged with murder in the second degree (Penal Law §§ 20.00, 125.25 [3]), robbery in the first degree (Penal Law §§ 20.00, 160.15 [4]) and attempted robbery in the first degree (Penal Law §§...

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