PEOPLE v. SCOTT

913 KA 16-02024.

181 A.D.3d 1220 (2020)

121 N.Y.S.3d 458

2020 NY Slip Op 01807

The People of the State of New York, Respondent, v. Rickie R. Scott, Also Known as "Stephan Sumpsster," Appellant.

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

Decided March 13, 2020.


It is hereby ordered that the order so appealed from is reversed on the law and the matter is remitted to Supreme Court, Erie County, for a hearing pursuant to CPL 440.30(5) in accordance with the following memorandum: Defendant appeals from an order that summarily denied his CPL 440.10 motion to vacate the judgment convicting him following a jury trial of, inter alia, murder in the second degree (Penal Law § 125.25[1]). On his direct appeal from the judgment, defendant...

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