PEOPLE v. WASHINGTON

2018-1510 RI CR.

75 Misc.3d 60 (2022)

170 N.Y.S.3d 810

2022 NY Slip Op 22200

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL WASHINGTON, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided June 3, 2022.


Attorney(s) appearing for the Case

Legal Aid Society, New York City ( Douglas W. Dunham and David Crow of counsel), for appellant.

Michael E. McMahon , District Attorney ( Morrie I. Kleinbart and George D. Adames of counsel), for respondent.


OPINION OF THE COURT

Memorandum.

Ordered that the judgment of conviction is reversed, on the law, and, as a matter of discretion in the interest of justice, the accusatory instrument is dismissed.

Defendant was convicted of attempted assault in the third degree (Penal Law §§ 110.00, 120.00[1]) and harassment in the second degree (Penal Law § 240.26[1]).

At a jury trial, the complainant did not appear to testify. The Criminal...

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