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PEOPLE v. DAVIS

2020-02023. Ind. No. 1925/04.

193 A.D.3d 967 (2021)

145 N.Y.S.3d 591

2021 NY Slip Op 02408

The People of the State of New York, Respondent, v. James Davis, Appellant.

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

Decided April 21, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Elizabeth Felber , Susan Epstein , Hannah Gladstein , and Ursula Bentele of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Amy Appelbaum of counsel), for respondent.

Dillon, J.P., Hinds-Radix, Duffy and Wooten, JJ., concur.

Ordered that the order is reversed, on the law and the facts, the defendant's motion pursuant to CPL 440.10 to vacate the judgment of conviction is granted, the judgment of conviction is vacated, and the matter is remitted to the Supreme Court, Kings County, for a new trial.

In September 2018, the defendant moved pursuant to CPL 440.10 to vacate a judgment of conviction of murder in the second degree and criminal possession of a weapon in the second degree, entered...

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