PEOPLE v. ROMUALDO

No. 89 SSM 28.

37 N.Y.3d 1091 (2021)

178 N.E.3d 451

156 N.Y.S.3d 803

2021 NY Slip Op 06430

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FERNANDO ROMUALDO, Respondent.

Court of Appeals of New York.

Decided November 18, 2021.


Attorney(s) appearing for the Case

Timothy D. Sini , District Attorney, Riverhead ( Grazia DiVincenzo of counsel), for appellant.

Laurette D. Mulry , Legal Aid Society of Suffolk County, Inc., Appeals Bureau, Riverhead ( Felice B. Milani of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to that Court for further proceedings in accordance with this memorandum.

Defendant was convicted, upon a jury verdict, of second-degree murder (see Penal Law § 125.25[1]). The Appellate Division reversed defendant's conviction, describing its holding as "on the law and on the facts...

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