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PEOPLE v. DOUGLAS

199 KA 17-01337.

203 A.D.3d 1682 (2022)

162 N.Y.S.3d 836

2022 NY Slip Op 01919

The People of the State of New York, Respondent, v. Andrew Douglas, Jr., Appellant.

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

Decided March 18, 2022.

Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( HELEN SYME , OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( DEREK HARNSBERGER , OF COUNSEL), FOR RESPONDENT.

Present—Peradotto, J.P., Lindley, Curran, Winslow and Bannister, JJ.

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

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03[3]) and assault in the third degree (§ 120.00[1]). Defendant was acquitted of the remaining two...

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