PEOPLE v. DESIUS

1149 KA 18-02097.

178 A.D.3d 1422 (2019)

112 N.Y.S.3d 656

2019 NY Slip Op 09164

The People of the State of New York, Respondent, v. Loirmus Desius, Also Known as Baboo, Appellant.

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

Decided December 20, 2019.


Attorney(s) appearing for the Case

ANDREW D. CORREIA , PUBLIC DEFENDER, LYONS, DAVISON LAW OFFICE PLLC, CANANDAIGUA ( MARY P. DAVISON OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL D. CALARCO , DISTRICT ATTORNEY, LYONS ( BRUCE A. ROSEKRANS , OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Centra, Peradotto, NeMoyer and Winslow, JJ.


It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Wayne County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting him, after a nonjury trial, of two counts of assault in the second degree (Penal Law § 120.05[1] [intentional assault], [4] [reckless assault]), arising from an altercation during which he punched the victim in the face approximately three...

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