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PEOPLE v. JENNINGS

141 KA 18-00637.

191 A.D.3d 1429 (2021)

141 N.Y.S.3d 816

2021 NY Slip Op 00944

The People of the State of New York, Respondent, v. Jermaine Jennings, Appellant.

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

Decided February 11, 2021.

Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE ( JOHN R. LEWIS OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( KENNETH H. TYLER, JR. , OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Lindley, Curran, Bannister and DeJoseph, JJ.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, and the indictment is dismissed with leave to the People to re-present the charge of murder in the second degree to another grand jury.

Memorandum: Defendant appeals from a judgment convicting him, following a joint trial with the codefendant, of murder in the second degree (Penal Law § 125.25[1]). Both defendant and the codefendant were charged with murder in the second...

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