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PEOPLE v. FIRU

2016-918 Q CR.

69 Misc.3d 1 (2020)

129 N.Y.S.3d 619

2020 NY Slip Op 20210

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR FIRU, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided August 14, 2020.

Attorney(s) appearing for the Case

Appellate Advocates ( Alice R. B. Cullina of counsel) for appellant.

Melinda R. Katz , District Attorney, Queens ( John M. Castellano , Johnnette Traill , Ellen C. Abbot and Ayelet Sela of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgments of conviction are reversed, as a matter of discretion in the interest of justice and on the law, and the matter is remitted to the Criminal Court for a new trial.

Insofar as is relevant to this appeal, defendant was charged in separate accusatory instruments with assault in the third degree (Penal Law § 120.00[1]) and harassment in the second degree (Penal Law § 240.26[1]), respectively...

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