PEOPLE v. MAYO

2016-09977. Ind. No. 9373/14.

202 A.D.3d 833 (2022)

158 N.Y.S.3d 876

2022 NY Slip Op 00881

The People of the State of New York, Respondent, v. Dupree Mayo, Appellant.

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

Decided February 9, 2022.


Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( David Crow and Schlam Stone & Dolan LLP [ Michael A. Brodlieb ], of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Rhea A. Grob , Keith Dolan , and Jason Eldridge of counsel), for respondent.

LaSalle, P.J., Connolly, Iannacci and Wooten, JJ., concur.


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant was convicted, upon a jury verdict, of attempted assault in the first degree and criminal possession of a weapon in the second degree, stemming from an incident in which the complainant was shot outside of his home.

The Supreme Court erred in admitting into evidence a photograph downloaded from a Facebook account allegedly...

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