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PEOPLE v. CARTER

1063 KA 13-00303.

158 A.D.3d 1105 (2018)

70 N.Y.S.3d 661

2018 NY Slip Op 00711

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PRESTON CARTER, Appellant.

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

Decided February 2, 2018.

It is hereby ordered that the judgment so appealed from is reversed on the facts, the indictment is dismissed, and the matter is remitted to Monroe County Court for proceedings pursuant to CPL 470.45.

Memorandum: On appeal from a judgment convicting him after a jury trial of murder in the second degree (Penal Law § 125.25 [1]), defendant contends, inter alia, that the verdict is against the weight of the evidence...

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