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PEOPLE v. LEWIS

1037 KA 19-01650.

200 A.D.3d 1719 (2021)

155 N.Y.S.3d 874

2021 NY Slip Op 07426

The People of the State of New York, Respondent, v. Don Lewis, Appellant.

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( JANE I. YOON OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( MATTHEW B. POWERS , OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Carni, NeMoyer, Curran and Winslow, JJ.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.

Memorandum: Defendant appeals from a judgment convicting him, following a jury trial, of criminal possession of a weapon in the second degree (Penal Law § 265.03[3]). Defendant contends that Supreme Court erred in denying his challenge for cause to a prospective juror whose statements during voir...

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