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PEOPLE v. MITCHELL

2018-06237. Ind. No. 1811/16.

184 A.D.3d 875 (2020)

126 N.Y.S.3d 159

2020 NY Slip Op 03541

The People of the State of New York, Respondent, v. Brian Mitchell, Appellant.

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

Decided June 24, 2020.

Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and the matter is remitted to the Supreme Court, Queens County, for a new trial before a different justice.

Contrary to the defendant's contention, the verdict was not against the weight of the evidence. In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5]; People v Danielson, 9 N...

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