PEOPLE v. KASHIF

2019-1029 DCR.

71 Misc.3d 28 (2021)

143 N.Y.S.3d 498

2021 NY Slip Op 21062

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ATIF KASHIF, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided March 18, 2021.


Attorney(s) appearing for the Case

Feldman & Feldman ( Steven A. Feldman and Arza Feldman of counsel) for appellant.

William V. Grady , District Attorney ( Kirsten A. Rappleyea of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, on the law, and the matter is remitted to the Justice Court for a new trial.

Defendant was charged in an accusatory instrument with assault in the third degree (Penal Law § 120.00[1]) based upon an altercation in the late evening of May 27, 2018, at an apartment complex where both defendant and the complainant resided. At a jury trial, the complainant testified...

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