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PEOPLE v. COLEMAN

251 KA 16-02292.

195 A.D.3d 1411 (2021)

148 N.Y.S.3d 310

2021 NY Slip Op 03695

The People of the State of New York, Respondent, v. Michael M. Coleman, Appellant.

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

Decided June 11, 2021.

Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER, EASTON THOMPSON KASPEREK SHIFFRIN LLP ( BRIAN SHIFFRIN OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( DEREK HARNSBERGER OF COUNSEL), FOR RESPONDENT.

Present—Peradotto, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the judgment so appealed from is reversed on the law and a new trial is granted on count one of the indictment.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of criminal sale of a controlled substance in the third degree (Penal Law § 220.39[1]), defendant contends that County Court erred in permitting the prosecutor to exercise a peremptory challenge to exclude...

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