PEOPLE v. TILLMON

563 KA 19-01437.

197 A.D.3d 956 (2021)

153 N.Y.S.3d 329

2021 NY Slip Op 04848

The People of the State of New York, Respondent, v. Justin M. Tillmon, Appellant. (Appeal No. 1.).

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

DAVID P. ELKOVITCH , AUBURN, FOR DEFENDANT-APPELLANT.

JON E. BUDELMANN , DISTRICT ATTORNEY, AUBURN ( CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.

Present—Peradotto, J.P., Carni, Lindley, Curran and Bannister, JJ.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted on counts three through eight of the indictment, and counts one and two of the indictment are dismissed, without prejudice to the People to re-present any appropriate charges with respect to such dismissed counts to another grand jury.

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him after a jury trial of, inter alia, two...

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