PEOPLE v. CLAY

NO. 14-01509, 114

147 A.D.3d 1499 (2017)

47 N.Y.S.3d 609

2017 NY Slip Op 01074

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC CLAY, Appellant.

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

Decided February 10, 2017.


Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered July 18, 2014. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, that part of the omnibus motion seeking preclusion of the identification evidence is granted, and a new trial is granted on count two of the indictment.

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