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PEOPLE v. PHILLIPS

1147 KA 16-01494.

203 A.D.3d 1636 (2022)

161 N.Y.S.3d 918

2022 NY Slip Op 01710

The People of the State of New York, Respondent, v. Jerome L. Phillips, Also Known as "Jerry," Also Known as "Bumba," Appellant.

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

Decided March 11, 2022.

Attorney(s) appearing for the Case

KAMAN BERLOVE MARAFIOTI JACOBSTEIN & GOLDMAN, LLP, ROCHESTER ( GARY MULDOON OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( SCOTT MYLES OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, NeMoyer and Curran, 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, upon a jury verdict, of murder in the second degree (Penal Law § 125.25[1]). Contrary to defendant's contention, the conviction is supported by legally sufficient evidence (see generally People v Bleakley, 69 N.Y...

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