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PEOPLE v. WARRINGTON

No. 203.

28 N.Y.3d 1116 (2016)

68 N.E.3d 70

45 N.Y.S.3d 345

2016 NY Slip Op 08584

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. BRANDON WARRINGTON, Respondent.

Court of Appeals of New York.

Decided December 22, 2016.

Attorney(s) appearing for the Case

Kathleen B. Hogan , District Attorney, Lake George ( Jason M. Carusone and Emilee B. Davenport of counsel), for appellant.

Paul J. Connolly , Delmar, for respondent.

Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur; Chief Judge DiFIORE taking no part.

OPINION OF THE COURT

MEMORANDUM.

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

We agree with the People that the Appellate Division erred in concluding that the trial court was required to excuse prospective juror No. 383 for cause (see 130 A.D.3d 1368, 1371...

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