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PEOPLE v. HUBERT

2016-12947. Ind. No. 264/16.

194 A.D.3d 959 (2021)

147 N.Y.S.3d 137

2021 NY Slip Op 03197

The People of the State of New York, Respondent, v. Delano Hubert, Appellant.

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

Decided May 19, 2021.

Attorney(s) appearing for the Case

Paul Skip Laisure, New York, NY (A. Alexander Donn and Nao Terai of counsel), for appellant, and appellant pro se.

Michael E. McMahon , District Attorney, Staten Island, NY ( Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.

Austin, J.P., Duffy, Iannacci and Wooten, JJ., concur.

Ordered that the judgment is affirmed.

On September 22, 2014, the defendant shot and killed 20-year-old Cesar Sanchez. After a jury trial, the defendant was convicted of murder in the second degree and criminal possession of a weapon in the second degree.

Contrary to the defendant's contention, the People's resubmission of the case to the grand jury on February 3, 2015, was timely (see CPL 210.20[6][b]). Moreover, the People were not required to seek...

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