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PEOPLE v. McKENZIE-SMITH

No. 61 SSM 9.

38 N.Y.3d 1048 (2022)

2022 NY Slip Op 03308

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KESEAN R. MCKENZIE-SMITH, Respondent.

Court of Appeals of New York.

Decided May 19, 2022.

Attorney(s) appearing for the Case

Sandra Doorley, District Attorney, Rochester ( Scott Myles of counsel), for appellant.

The Abbatoy Law Firm, PLLC, Rochester ( David M. Abbatoy, Jr. of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed and case remitted to the Appellate Division, Fourth Department, for consideration of the facts and issues raised but not determined on appeal to that Court. The Appellate Division erred in holding that defendant's Antommarchi claim (People v Antommarchi, ...

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