PEOPLE v. MINECCIA

344 KA 19-00264.

185 A.D.3d 1408 (2020)

128 N.Y.S.3d 125

2020 NY Slip Op 04028

The People of the State of New York, Respondent, v. Domenic Mineccia, Appellant. (Appeal No. 2.).

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

Decided July 17, 2020.


It is hereby ordered that the order so appealed from is unanimously reversed on the law and the facts, the motion is granted, the judgment of conviction is vacated, and a new trial is granted.

Memorandum: Defendant was convicted after a bench trial by County Court (Ciaccio, J. [hereafter, trial court]) of, inter alia, criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]). Defendant thereafter moved to vacate that judgment...

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