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PEOPLE v. TAVAREZ

2013-09054, Ind. No. 1076/12.

155 A.D.3d 783 (2017)

64 N.Y.S.3d 260

2017 NY Slip Op 07756

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERICK TAVAREZ, Appellant.

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

Decided November 8, 2017.

Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered.

The victim, Christian Rivera, his friend, Jose Torres, and Torres' girlfriend, Alexandra Schwoerer, were walking along Lorimer Street in Williamsburg, Brooklyn, on the evening of December 5, 2011, when Rivera was beckoned by a stranger who was standing on the top row of nearby bleachers, with approximately...

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