PEOPLE v. JACKSON

1102 KA 19-00295.

202 A.D.3d 1483 (2022)

160 N.Y.S.3d 527

2022 NY Slip Op 00785

The People of the State of New York, Respondent, v. Marshall D. Jackson, Appellant.

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

Decided February 4, 2022.


Attorney(s) appearing for the Case

LELAND D. McCORMAC, III , INTERIM PUBLIC DEFENDER, UTICA ( PATRICK J. MARTHAGE OF COUNSEL), FOR DEFENDANT-APPELLANT.

SCOTT D. McNAMARA , DISTRICT ATTORNEY, UTICA ( STEVEN G. COX OF COUNSEL), FOR RESPONDENT.

Present —Whalen, P.J., Centra, NeMoyer and Winslow, JJ.


It is hereby ordered that the order so appealed from is unanimously reversed on the law, the motion is granted, the judgment of conviction is vacated, and a new trial is granted.

Memorandum: Defendant was convicted by a jury of murder in the second degree (Penal Law § 125.25[1]), criminal possession of a weapon in the second degree (§ 265.03[1][b]), and criminal possession of stolen property in the fourth degree (§ 165.45[4]). The conviction arises...

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